Response Reply

Cal. Super. - 6th Dist.December 13, 2017

Q, U as 23‘: w 2 S W *i U; A??£§Iifif¥§ 5v? tfiW \OOONOKJIALNNy-n NNNNNNNNNh-dD-dfi-‘I-lv-ih-ih-‘h-‘t-fit-d WNQWQWNHOOWQQMQWNHO O 0 O CASTANEDA & CO. R l G l N A L F ii DAMIAN R. CASTANEDA (SBN 206662) LAURA E. ZELLMAN (SBN 260007) 3,15%,“320444 m N 2 5 MATTHEW M. MCELROY Responsemepw “' ‘ 2m 84 West Santa Clara Street, Suite 700 43386 H , I. W San Jose, California 95113-1809 1| ll llllllllllllllllllll Iafgtflfixétma‘iffify’lééca'zm, T: (408) 998-5888, F: (408) 904-7391 .. , A , * iv E: damian, laura, or matthew @castanedacocom l I 1' 1% ., Attorneys for Defendant Jacob’s Real Estate Investments, Inc. fiuperiur @1e Of @alifnmta GImmtg nf fianta Glam Civil Division: 191 North First Street, San Jose, 95113 \\ Case No.: 17cv320444 BY FAX SHUBHANJAN SHEKAR; ASSIGNED FOR CASE MANAGEMENT TO: MONADHIKA SHARMA, Department 19, Hon. Peter H. Kirwan Plaintiffs, (1) REPLY MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF vs. DEFENDANT JACOB’S REAL ESTATE INVESTMENTS, INC. MOTION TO JACOB’S REAL ESTATE EXPUNGE LIS PENDENS AND INVESTMENTS, INC. AND ALTERNATIVE MOTION TO REQUIRE Does 1 through 10, inclusive THAT PL AINTIFFS’ POST AN UNDERTAKING IF THE MOTION TO Defendants- EXPUNGE IS DENIED; (2) DECLARATION OF DAMIAN R. CASTANEDA; (3) POS SEPARATELY-FILED DOCUMENTS ] 1. Declaration of Adam Santana Date: January 30, 2018 Time: 9:00 AM Place: Department 19 Judge: Hon. Peter H. Kirwan Action Filed: 12/13/17 Trial Date: None .. i __ January 24, 2018 REPLY MPA ISO MOTIONS TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING strainer: .32? d is.) 06 at C3 LU Z :5 V:4 U . {$95 \OOO\]O\U‘IJ>UJI\Jy-A NNNNNNNNNO-‘i-‘Hh-dt-‘b-‘I-dt-‘HH OONQMfiUJNt-‘OKOOOflQm-bWNHO TABLE OF CONTENTS ARGUMENT I A. Jurisdiction I 1. The Court has jurisdiction to hear this motion because there is no stay of the litigation proceedings. 1 2. The Plaintiffs waived any right to arbitration because they did not seek a stay at the same time they filed this action. I 3. Arbitrators do not have jurisdiction to decide a motion to expunge lis pendens because the motion to expunge statute confers jurisdiction only to a court, and not to an arbitration. 2 B. Motion to Expunge 4 I. Plaintiffs have not met their burden to show that they were ready to close on time. 4 2. Plaintiffs have not met their burden to show that Defendant prevented escrow from closing on time. 4 3. The lender and not Defendant was the cause of escrow not closing on time because the lender was investigating whether the buyers were fraudulently associated with the prior owner of the property. 5 (a) Defendant’s Diligent and Successful Efforts to Remove the Two Liens. 5 (b) On the day the lender was notified the Two Liens were removed, the lender caused a delay by starting an investigatation against the buyers for fraud-wjust 5 days before the close of escrow. 6 C. Plaintiffs have not cited any authority that a minor delay in closing escrow prevents a seller from cancelling escrow. 8 D. Plaintiffs reliance on the covenant of good faith and fair dealing is misplaced because Defendant fully cooperated with the lender. 9 E. Plaintiffs do not cite to any authority that prohibits the bond to be based on the damages asserted in the moving papers. 10 REQUEST FOR FEES 10 DECLARATION OF DAMIAN R. CASTANEDA 11 _ ii __ January 24, 2018 REPLY MPA ISO MOTIONS TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING 1 TABLE OF AUTHORITIES 2 3 Cases 4 Abba Rubber Company v. Seaquist (1991) 235 CA3d 1 ................................................................... 10 Civil Code § 3275 ............................................................................................................................... 9 5 Civil Code 1643 .................................................................................................................................. 9 Handy Samaba (1931) 117 Ca1.App. 286 ......................................................................................... 10 6 Howard S. Wright Const. Co. v. Sup. Ct. (BBIC Investors, LLC) (2003) 106 CA4th 314 .................. 4 7 In re Marriage oimmerman (2010) 183 Cal.App.4th 900 .............................................................. 3 MacFada’en v, Walker (1971) 5 Cal.3d 809 ........................................................................................ 8 8 Manhattan ................................................................................................................................... 1, 2, 3 Rice v. Cook (1891) 92 Cal. 144 ....................................................................................................... 10 9 Salawy v. Ocean Towers Housing Corp. (2004) 121 Ca1.App.4th 664 .............................................. 3 10 Williams Plumbing Company v. Sinsley (1975) 53 CA3d 1027 ......................................................... 8 11 Statutes 8 g 12 CCP § 1281.2 ...................................................................................................................................... 1 a5 7:: CCP§ 1298.5 .................................................................................................................................. 1, 2 g; 13 CCP §1281.4 ....................................................................................................................................... 1 Z g2; 14 Millier & Starr (4th ed) 4 Cal. Real Est. 4 _ ‘v‘i 15 § 10154 ............................................................................................................................................... 4 16 17 18 19 20 21 22 23 24 25 26 27 28 -- iii -~ January 24, 2018 REPLY MPA ISO MOTIONS TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING £7‘GiNtYS‘ §s? flaw CS t.) 06 a: Ci “-3z 3 V) «r , U coouoxmnH NNNNNNNNNv-dv-it-t-Ar-dt-AP-ip-a-d.‘ OONQMAWNl-‘OGOOQO‘xm-rbwwb‘o ARGUMENT A. Jurisdiction 1. The Court has jurisdiction to hear this motion because there is no stay of the litigation proceedings. If a party wants arbitration, they must obtain a court order on either a motion to stay pending litigation or a petition to compel arbitration. (Code of Civil Procedure,1 §§ 1281.2 [motion to compel arbitration]; 1281.4 [motion for stay].) If the case is stayed under section 1281.4, the moving party must immediately serve and file a notice of stay. (CRC 3.650(a), (b)(2).) Analysis. Plaintiffs argue that the Court does not have jurisdiction to hear this motion because they allege that they filed a stay of proceedings. (CCP, § 1281.4.) They did. But they skipped the most step-they never filed a motion to compel arbitration or a motion to stay to get an order of stay. So there was never a stay. The notice of stay of proceedings was premature and has no effect. Since there is no stay of proceedings, this Court has jurisdiction to hear the motion to expunge lis pendens or alternatively to require an undertaking. 2. The Plaintiffs waived any right to arbitration because they did not seek a stay at the same time they filed this action. Recording a lis pendens does not waive the right to arbitration “if in filing an action to record that notice, the party at the same time presents to the court an application that the an application that the action be stayed pending the arbitration of any dispute which is claimed to be arbitrable and which is relevant to the action.” (CCP § 1298.5, emphasis added. ) The phrase at the same time means simultaneously: “In other words, the statute contemplates the following: A party to an arbitration agreement may file an action in court to support the recording of a lis pendens. Simultaneously, the party may file an application to stay the litigation pending arbitration.” (Manhattan Loft, LLC v. Mercury Liquors, Inc, (2009) 183 Cal.App.4th 1040,1054, emphasis added, citing section 12985) Analysis. Here, 42 days have passed since Plaintiffs filed this action. And, they have not 1. All further references are to the Code of Civil Procedure unless otherwise indicated. _ 1 _ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING £715€3Q¥<§Y1 93$ tégw 0' U a5 a: G W Z :1: u“: sir Ui Oxooouoxmbwww NNNNNNNNNHF-‘HHh-‘Mh-dh-lh-dh-d OONOMAUJNP‘OCOONGKJ‘I-‘DWNH filed a motion to compel arbitration or for a stay. By not seeking a stay at the same time they filed this action, they forfeited any right to arbitrate the dispute. Even if the phrase “at the same time” is construed to mean a reasonable time, it cannot be construed to encompass a 42-day period because Defendant has been prejudiced by Plaintiffs’ delay as follows. Defendant filed the motion to expunge in reliance on the procedure set forth in section 1298.5 and Plaintiffs’ failure to seek a stay. Based on that reliance, Defendant has incurred over $7,000 in attorney fees to prepare the motion to compel lis pendens. And by the time of the hearing, Defendant’s attorney fees will exceed over $10,000. It would be manifestly unfair for the Court not to rule on the merits of the lis pendens when: (l) the Court still has jurisdiction since there is no stay; (2) Plaintiffs waived arbitration by not complying with section 1298.5; and (3) Defendant has incurred over $10,000 in attorney fees in reliance on this statute and Plaintiffs” failure to take action to obtain a stay. Plaintiffs rely on paragraph 22 of the contract which states that filing a court action to record a lis pendens shall not constitute a waiver of arbitration. But that argument ignores the two- step process to avoid a waiver of arbitration: (1) file a court action to record a lis pendens; and (2) simultaneously seek a court stay. The Plaintiffs took the first step, but not the second step. Significantly, the contract does not relieve the parties from complying with section 1298.5 which requires that the Plaintiffs seek a stay at the same time they filed this action to record a lis pendens. So while the mere filing of an action to record a lis pendens is not itself a waiver under the contract, the failure to simultaneously seek a stay of litigation is a waiver of arbitration under section 1298.5. 3. Arbitrators do not have jurisdiction to decide a motion to expunge lis pendens because the motion to expunge statute confers jurisdiction only to a court, and not to an arbitration. A lis pendens can only be recorded if a court action is filed. (Manhattan Loft, LLC v. Mercury Liquors, Ina, supra, at p. 1052.) It cannot be recorded based on an arbitration proceeding. (1d,, at p. 1054.) Likewise, a motion to expunge lis pendens can only be determined by a court, not an arbitrator. Manhattan Loft, LLC explains. Manhattan Loft, LLC states, “Specifically, section 405.30 allows a property owner to “apply to the court in which the action is pending to expunge the notice.” In an arbitration proceeding, _2_ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING ¥§)i%¥?’§ fist SAW g‘: CASTANEDA & Co. OKOOONOM-bbJNt-A NNNNNNNNNHHHHP-‘v-‘O-‘t-lt-lh-d WQOM-bWNHOKOOONQUt-QWNH however, there is no ‘court in which the action is pending.” In fact, in the two arbitral forums here, there is no procedure that allows for an arbitrator to expunge a lis pendens, thereby denying appellant any relief or protection.” (Id. p. 1053, emphasis added, internal citation to section 405.30 omitted.) Analysis. Here, just as section 405.30 does not give an arbitration proceeding jurisdiction to record a lis pendens, it also does not give an arbitrator jurisdiction to determine a motion to expunge lis pendens. In the words of Manhattan Loft, LLC, “Notably, if the word “action‘ [in section 405.30] were interpreted to include ‘arbitration,’ as respondents argue, this statute would be rendered meaningless.” (Manhattan Loft, LLC, supra, at p. 1054, fn. 4, brackets added.) Here as in Manhattan Loft, LLC, the parties have not agreed to arbitration. So there is no procedure for an arbitrator to expunge a lis pendens, thereby denying Defendant any relief or protection in an arbitration forum to expunge the lis pendens. Second, the contract does not contemplate that an arbitrator decide a motion to expunge lis pendens because “before resorting to arbitration or court action” the parties must mediate. (Adam Santana Decl., Exhibit 3, 11 22A, p. 093.) If a party commences an action before resorting first to mediation, that party is not entitled to attorney fees even if they are the prevailing party. (1d,) So a motion to expunge would not be immediately available to a party if they had to resort to arbitration to expunge the lis pendens because they would first have to mediate their dispute or waive their right to attorney fees. Here, Defendant did not waive its right to attorney fees when it filed the motion to expunge the lis pendens because a motion is not a court action. (See In re Marriage of Zimmerman (2010) 183 Ca1.App.4th 900, 909 [“‘action‘ as distinguished from ‘motion,’ means an independent action to set aside a support order”]; Salawy v. Ocean Towers Housing Corp. (2004) 121 Cal.App.4th 664, 672-674 [“action” refers to the lawsuit as a whole and not to a demurrer filed in the suit.].) Defendant filed a motion within the court action filed by Plaintiffs. Defendant did not commence an action by filing the motion. /// /// _3_ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING attfizwz’vs 5»: is»; 0“ U 06{ Ci U4 2 s U‘} ‘i u s OOOOQONUIAUJNt-l [\JNNNNNNNNHHi-wr-‘t-‘v-dw ooqomgwmwoxoooqoxmbwww B. Motion to Expunge 1. Plaintiffs have not met their burden to show that they were ready to close on time. “By virtue” of I I enumerated facts, Plaintiffs argue they can Show probable validity of their claim. (Opposition, p. 13, lines 1-19.) But none of their enumerated facts show that they were ready to close on time. Analysis. Here, Plaintiffs admit that December 12, 2017 was the scheduled date for the close of escrow. (Decl. JP Moridi ISO Opposition, 1] 12, lines 2-3; MPA in Opposition, p. 3, line 19.) They admit that they were not ready to deliver a cash deposit until one day afier the close of escrow. (Opposition, p. 13, 1] 9, lines 12-13.) And they admit that their lender was not ready to deliver funds until two days qfter the close of escrow. (Id, p. 13, 1t 10, lines 14-15.) Plaintiffs must at least establish a primafacie showing that they were ready to close on time or that Defendant prevented the timely closing of escrow. (Howard S. Wright Consl. Co. v. Sup. Ct. (BBIC Investors, LLC) (2003) 106 CA4th 314, 319.) But a prima facie showing alone is not sufficient to prove that plaintiffs will prevail at trial. (Miller & Starr (4th ed.) 4 Cal. Real Est, § 10: 154, citing § 405.32.) Here, Plaintiffs do not even claim that they were ready to close on time. So they have not made a prima facie showing on this issue. There only hope is to claim and prove that Defendant prevented the timely close of escrow. 2. Plaintiffs have not met their burden to show that Defendant prevented escrow from closing on time. In their lluenumerated facts, the Plaintiffs do not allege any facts that Defendant prevented the timely close of escrow. So we have to search their statement of facts and their supporting declarations for such a claim. Plaintiffs submitted three declarations. One from their agent JP Moridi, their lawyer Roger Wintle, and from plaintiff Shubhanjan Shekar. The declarations of Moridi and Wintle do not mention anything about a cause of any delay or that Defendant caused a delay. That leaves Shekar who does not allege that Defendant prevented the timely close of escrow either. Shekar instead makes four allegations that touch on the subject of a delay: (1) the lender was concerned about two ..4_ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING d i U as at C1 “.3 K :31 W «a;u iglzééwii'} 33;? may A. T \OOO\10\KJI-I>UJN.-a NNNNNNNNNfli-‘i-‘HHH-‘h-AO-dp-AH WNOMAUJNt-‘OCOOQQMAWNHO liens in the preliminary title report (Dec. of Shubhanjan Shekar, W’s 13, 14.); (2) there was underwriting concerns about fraud and collusion between the Defendant and the prior property owner (Id, Tl 15); (3) as late as December 9, 2017, the lender and Defendant were still discussing underwriting and title concerns. (Id. , 11 16.); and (4) Exhibit F where the lender accuses Defendant of a “one week delay” to provide documentation and the disregard to the previous lienholders whom can’t be verified.” (Shekar Dec, Exhibit F, 2nd 1} of first email; see also, Opposition, pp. 4* 5, lines 25-26 and 1-2.) First, on their face, none of the above four allegations prove by a preponderance of the evidence that Defendant did anything to timely prevent the close of escrow. All the allegations are conclusions or general statements that do you prove let alone allege that Defendant did anything to prevent a timely closing. Plaintiffs have not alleged a prima facie cause of wrongdoing by the Defendant or that Defendant prevented the timely close of escrow let alone proved that they will likely win at trial. 3. The lender and not Defendant was the cause of escrow not closing on time because the lender was investigating whether the buyers were fraudulently associated with the prior owner of the property. Plaintiff Shekar alleges that he learned that there were problems with the Preliminary title report and that the lender was concerned about the liens. (Shekar Decl. W 13, 14.) (a) Defendant’s Diligent and Successful Efforts to Remove the Two Liens. The buyers and the lender received the preliminary title report on November 21, 2017 and the same report again on November 22, 2017. (Santana Reply Decl. W’s 4, 5.) The title report listed the two liens (“Two Liens”) referred to by Shekar. (Id, ll 4.) On December 5, 2017, the title company removed the Two Liens from the title reports because the Two Liens had already been paid off. (Id. W’s 22, 24.) On December 7, 2017, the title company sent the lender an Updated Title Report with the Two Liens removed. (Id. 1} 31.) Defendant went above and beyond to ensure that the Two Liens were removed. From November 28, 2017 to December 5, 2017, 25 emails were exchanged between Defendant and his title company concerning the Two Liens until they were removed from title. (161., W’s 3-27.) And it was Defendant who took the initiative to ensure their removal. For example, on November 28 and -5- January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING d U was 4 CI Uni Z S v“; <2u £33fi$¥UJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 December 1, Defendant twice asked escrow if the Two Liens were removed yet. (Id. W’s 6, 8); Defendant asked “how quickly” a bond could be obtained to remove the Two Liens (Id , ‘H 12.); and Defendant peppered escrow with email after email to remove the Two Liens. Defendants efforts resulted in 22 emails that were initiated or prompted by Defendant’s insistence that the liens be immediately removed. (Id. W’s 6-26.) (b) On the day the lender was notified the Two Liens were removed, the lender caused a delay by starting an investigation against the buyers for fraud-just 5 days before the close of escrow. Even though the lender had known about the liens since November 21 (Santana Reply Dec. W 4-5), knew the liens had already been removed (Id, 11 24), and notified of the lien removal (Id. ‘11 31), the lender decided at the last minute to investigate the buyers for fraud-just 5 days before the close of escrow. Investigation for Buyer Fraud. Shekar alleges that there was underwriting concerns about fraud and collusion between the Defendant and the prior property owner. (Shekar Decl. ‘ll 15.) But the underwriter was not concerned about the Defendant, the underwriter was concerned about fraud and collection between the buyers and the prior owner of the property. Emails from the Plaintiffs’ lender prove this. The lender wanted to confirm that this was an arm’s length transaction from the perspective of the buyers. (Id. 11 29, 40.) The lender said, “The underwriter must confirm that the buyers are not related to any of the entities involved in the purchases and resales of the property." (Santana Reply Decl. ‘ll 29, Ex. 1 p. 042.) The lender was concerned that the buyers were related to the previous seller. (Id. 11 40.) So unlike Plaintiffs’ unsupported allegation that the Defendant was being investigated, it was the buyers who were under investigation after the Two Liens were already removed. ' The holdup in getting corporate documents about the lienholders was the cause of an escrow delay. The lender said that they needed articles of incorporation or organization (“Articles”) from the two lienholders to verify that the buyers were not members of those entities. (Id. 11 34.) Without the Articles, there would be no movement on closing. (Id. 11 34.) The lender said that they needed to verify that the buyers had an arm’s length transaction and the Articles are the -6- January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING d U as <$ C) Lu Z a U? a“. U: 5,?f{2§fi§¥§ 35’ {in}? @OONO‘iKJI-bwh)?“ NNNNNNNNN-‘h‘v-‘v-‘i-tv-Ir-‘r-av-tw-t WQQMAWNHOKOOONQUl-bwwp‘o only documents that confirms this fact. (Id 11 40.) Request for Documents from Defendant. When Defendant was asked to provide documents about the Articles, it acted within minutes as demonstrated in a chain of emails. For example, on December 7, 2017, 10:51 am, the lender requested that Defendant provide the Articles for Defendant corporation and the two lienholders. (Id, 11 30.) At 11:08 am that day, just 17 minutes later, Defendant had already provided the requested documents for itself. (Id, Exhibit 1, p. 44.) The lender then requested that Defendant provide Articles for the prior owner and Two Liens. (Id) Just 15 minutes later at 11:23 am that day, Defendant provided Articles for the prior owner and now the lender wanted Defendant to provide Articles for the Two Liens. (Id, 11 32, Ex. 1, p. 67.) Defendant told the lender that it did not know how to obtain a list of the members of the lienholders, didn’t have their contact information, asked others about it, and had no way to reach them. (Id. 1111 33, 35, 41.) The buyers’ agent says the lender’s position does not make sense. The buyers’ own agent said that the lender’s request for Articles from the two lienholders didn’t make any sense and that he had never heard or seen anything like the request before. (Id, 11 36.) The lender admits fault and agrees with the Defendant and Buyers. The lender’s own employee handling the transaction said that they agreed with the positions of buyers” agent and Defendant. (Id, 11 37.) That employee then admitted that he was surprised that the issue was not addresses earlier and that he had no explanation other than that it was missed. (Id 11 42.) The lender admits that Defendant exhausted all options to comply. The lender said that Defendant exhausted all option to track down the lienholders. (Id 11 42.) Analysis. An analysis of the above facts which are supported by emails attached to Defendant’s declaration, shows that the lender would not move forward with closing escrow until it received articles of incorporation or organization from the two lienholders. Without those Articles, the escrow would not proceed forward. But Defendant never had those documents, didn’t know how to obtain them, and didn’t have any affiliation with the lienholders. Defendant answered within minutes of the lender’s request. There wasn’t anything within Defendant’s control to obtain the documents requested of the lienholders. In fact, the buyers own agent said that the lender’s request _7__ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING §,€T€3$Nf‘¢§ £3 iix‘fi‘ 0” f U 6'5 ii Q U.) 2 4: S ax U \OOOQQM-bUJN-e NNNNNNNNNp‘h‘HD-‘Hb-‘U-‘p-At-lt-l WQQMcbWNHOQOONom-Ihwwbdo was not anything he had ever heard of. And the lender’s employee agreed with the agent’s position and the position of Defendant. The lender’s employee even admitted fault by stating that he could not explain how the lender did not discover the issue earlier rather than just 5 days before the close of escrow. This was not a problem created by Defendant or a problem that the Defendant could solve. Shekar finally alleges that as late as December 9, 2017, the lender and Defendant were still discussing underwriting and title concerns. (Shekar Decl. 'll 16.) But by December 9, there were no title concerns because the Two Liens had already been removed on December 5, 2017. (Santana Reply Decl. {l 24.) And as stated above, title was not an issue for the lender, but the articles or incorporation or organization from the lienholders. Finally, in Plaintiff 3 Exhibit F, the same employee of the lender who accused Defendant of a “one week delay” to provide documentation and the disregard to the previous lienholders whom can’t be verified” is the same employee who said that Defendant exhausted all options. (Id. ‘ll 42.) While there may have been a week delay from the December 7, time the lender started its investigation until it was ready to fund two days after escrow on December 14, that delay was caused by the lender’s desire to obtain Articles about the lienholderswinformation that was not within Defendant’s ability to provide. In short, the lender accused Defendant of a delay in providing documents without substantiating its position-the emails show otherwise. C. Plaintiffs have not cited any authority that a minor delay in closing escrow prevents a seller from cancelling escrow. Plaintiffs rely on Williams Plumbing Company v. Sinsley (1975) 53 CA3d 1027 to argue that a purchaser who defaulted on a payment on a land sale contract was entitled to specific performance even though time was of the essence. That case is distinguishable because it does not involve a close of escrow deadline, but a failure to make one of two deposits before the close of escrow. Plaintiffs discusses MacFada’en v. Walker (1971) 5 Cal.3d 809, but confused this case with the facts in Williams. MacFadden did not involve a deposit made a day or two after January 4, that was the Williams case. In Williams, the buyer agreed to make two deposits of $12,000 and $15,000 -8-- January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING i2¥‘i‘i§3‘§ 1} WW {5 U 95 d. c:w a «a: E ‘1; U I it? CKOOOQQU‘IbWNo-a NNNNNNNNNHF‘t-‘h-‘I-lh‘b-ly-AHH OOQQMQWNHOKOOONO‘xm-bWNt-d with the balance due at closing. (Id. , at p. 1029.) After the buyer didn’t timely make the second deposit, the seller cancelled. Those are not the same facts here where the buyers failed to timely deposit the purchase price in time for closing. Plaintiffs rely on the anti~forfeiture provisions of Civil Code section 3275 and Civil Code 1643 which requires that contracts be given an interpretation that does not violate the intention of the parties. Plaintiffs simply cite the statutes without any citation to case law for their applicability. And none of these statutes prevented the cases cited in our opening papers to deny strict enforcement of escrow closing dates. D. Plaintiffs reliance on the covenant of good faith and fair dealing is misplaced because Defendant fully cooperated with the lender. Plaintiffs argue that Defendant had a duty to clear up any issues regarding the liens in the preliminary title report since the lienholders could not be verified. They argue that the closing was delayed because of these issues. They argue without evidence that providing this information was the direct responsibility of the Defendant. And they even argue that “The issues with title experienced by Wells Fargo Bank land squarely on the Defendant’s side and had nothing to do with Plaintiffs.” Analysis. As argued, supra, the lender was investigating the buyers, not the Defendant, to ensure that the buyers were not related to the prior owners. The delay caused by the lender had everything to do with its investigation of the buyers, not the Defendant. Defendant fulfilled its duty to remove the liens from the property. He removed them early 7 days before the close of escrow. And he acted promptly from November 21 to ensure that the lender received the preliminary notice with the liens to diligently communicating with title to remove the liens as quickly as possible. Plaintiffs provide no evidence that Defendant had the information it sought about the lienholders or could get it. Plaintiffs boldly state that none of the factual situations in all of the cases cited by Defendant are even close to the facts in the instant case. But in every case cited by Defendant in their opening papers, time was made of the essence and the escrow deadline was strictly enforced. Ninety Nine Investments was the only exception, but in that case the seller interfered with a timely _9_ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING To: Damian Castaneda Page 1 of 3 . 2018-01-25 08:08:31 (GMT) ‘taneda & Co. (408 From: Damian Castaneda --- closing by not providing documents needed to close escrow which it had in its possession. Plaintiffs rely heavily on their assertion that the buyers were ready to close escrow after the scheduled closing. But Plaintiffs do not cite a single case Where specific performance was allowed when the buyers were ready after closing and where the seller did nothing to prevent a timely closing. E. Plaintiffs do not cite to any authority that prohibits the bond to be based on the damages asserted in the moving papers. Plaintifi‘s argue that Defendant cannot claim attorney’s fees, carrying costs, or lost profit \0 00 \1 CK LA 43 w M from not being able to sell to another buyer. But Plaintiffs do not provide any authority to support 10 their position. Rather, the Defendant in its moving papers cited to case law cited by Weil & Brown H and the Rutter real property practice guide that specifically provides that attorney fees. carrying 12 costs, and lost profit are all proper for requiring a bond. 13 Plaintiffs do discuss any of the authority cited by Defendant, but instead cite to Abba 14 Rubber Company v. Seaquisi (1991) 235 CA3d 1, Rice v. Cook (1891) 92 Cal. 144, and Handy l5 Somalia (193 l) 1 l7 CalApp. 286‘ But all of those cases involved injunctions, not an undertaking to 16 remove a lis pendens. l7 REQUEST FOR FEES l8 We are charging Defendant $6,195 for preparing the reply papers which we request be l9 added to our request for attorney fees on the motion to expunge. (Castaneda Reply Dec. T; 2.) 20 January 24, 20 l 8 CASTANEDA & C0. 21 Damian R. Castaneda Laura E‘ Zellman 22 23 is. {' ‘i’lfn‘iérsw: imam,“ 24 DAMIAN RV CASTANEDA Attorneys for Plaintiff's _10_ January 24, 2018 REPLY MPA ISO MOTION TO 17CV320444 ELXPUNGE LIS PENDENS / UNDERTAKING To: Damian Castaneda Page 2 of 3 . 2018-01-25 08:08:31 (GMT) ‘taneda & Co, (408 From: Damian Castaneda DECLARATION OF DAMIAN R. CASTANEDA~ 2 I, Damian R. Castaneda declare: 3 1‘ i am the attorney for Defendant in this action. 4 2. My original declaration incorrectly stated that I spent 49 hours in drafting the 5 opening papers. That time was the total time I have spent on the case since 1 was retained. This 6 mistake was inadvertent. The actual time I spent drafting the opening papers was 334 hours of 7 which I chargect my client 21 hours at my hourly rate of $350 per hour for a totai of $7350. 8 3. I spent 17.7 hours drafting the reply papers and I am charging my client $350 for 9 that time for a total of $6,195 10 I declare under penalty of perjury under the laws of the State of California that the foregoing ; l l is true and correct. , _ fl fig a W 3 12 January 24, 2018 )flwm‘fig . ,_ we I retiree.“ f: 13 DAMIAN R. CAS'I‘ANEDA fi l4 ,, 15 l6 17 18 I9 20 21 22 23 24 25 26 27 28 -1}- January 24, 2018 REPLY MPA ISO MOTION TO I7CV320444 EXPUNGE US PENDENS / UNDERTAKING To: Damian Castaneda Page 3 of 3 . 2018-01-25 08:08:31 (GMT) ‘taneda & Co. (408 From: Damian Castaneda l PROOF OF SERVICE 2 I am over the age of l8 years, and not a party to this action. My business address is Castaneda & Co... 84 West Santa Clara Street, Suite 700, San Jose. CA 95l l3-l809. On January 3 24, 2018, I served the documents listed in the attached Documents Served List, with an unsigned2 4 copy of this Proofof Service, on the persons listed in the attached Persons Served List. The documents were served on each person by the Method of Service indicated in the Persons Served 5 List as follows: 6 1:] By United States Postal Service: l enclosed the documents in a sealed envelope or package 7 addressed to the persons at the addresses in the Persons Served List. l deposited the sealed envelope in a mailbox regularly maintained by the United States Postal Service, with the 8 postage fully prepaid. l am a resident or employed in the county where the mailing occurred. 9 The envelope or package was placed in the mail at San Jose, California, to D By Federal Express Overnight. l enclosed the documents in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses in l 1 the Persons Served List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. 12 [XI By Email: (Xi Based on El Without) a court order or an agreement of the parties to accept l3 service by e-mail, I caused the documents to be sent to the persons at the e-mail addresses listed in the Persons Served List. 1 did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was l5 unsuccessful. l 6 C] By personal service: l personally delivered the documents to the persons at the addresses in the Persons Served List. ( I) For a party represented by an attorney, delivery was made to the 17 attorney or at the attorney’s office by leaving the documents in an envelope or package clearly labeled to identity the attorney being served with a receptionist or an individual in ‘8 charge of the office, (2) For a party, delivery was made to the party or by leaving the 19 documents at the party’s residence with some person not less than 18 years oi‘age between the hours of eight in the morning and six in the evening. 20 C} By Fax: ([3 With E Without) an agreement of the parties to accept service by fax 21 transmission, l faxed the documents to the persons at the fax numbers listed in the Persons Served List. No error was reported by the fax machine that I used I declare under penalty of perjury under the laws of the State of Califomia that the foregoing 23 is true and correct. 24 first"), ‘ 25 January 24, 2018 bfimnm'fiil: flgflgfiwflgfw (Date) DAMIAN R. CASTANEDA 26 27 28 2. CCP§ l0l3 (b), (d), (t). ...]2._ January 24, 2018 REPLY MFA ISO MOTION TO l7CV320444 EXPUNGE LIS PENDENS / UNDERTAKING (:3; Us «:6 3 W X Em “1‘ U, filg/Il‘fi'fif‘éti‘fi A? bk“ OCOOVOUIAUJNH NNNNNNNNNHHD-‘HP-‘p-di-lp-‘p-AH oowcmmbwwi-‘ocoouoxmbwwhd PERSONS SERVED LIST Type Name Plaintiffs ESHUBHANJAN SHEKAR; MONADHIKA SHARMA Attorney Roger D. Wintle The Heritage Law Group, APC 152 N. Third Street, Suite 550 San Jose, CA 95112 T: (408) 993-2100 F: (408) 993-2101 E: rdw@hlgusa.com Method of Service E Email D USPS, Priority Mail: # E] FedEx: Tracking No C] Fax {3 Personal Service DOCUMENTS SERVED (1) Reply Memorandum Of Points & Authorities In Support Of Defendant Jacob’s Real Estate Investments, Inc. Motion To Expunge Lis Pendens And Alternative Motion To Require That Plaintiffs’ Post An Undertaking If The Motion To Expunge Is Denied; (2) Declaration Of Damian R. Castaneda; (3) Proof Of Service Pendens Or Alternatively Require That Plaintiffs Post An Undertaking January 24, 2018 -13.. REPLY MPA ISO MOTION TO EXPUNGE LIS PENDENS / UNDERTAKING Reply Declaration Of Adam Santana In Support Of Defendant’s Motion To Expunge Lis 17CV320444 1 CASTANEDA & Co. 2 DAMIAN R. CASTANEDA, California Bar No. 206662 damian@oastanedaco.com 3 LAURA E. ZELLMAN, California Bar No. 260007 laura@castanedaco.eom 4 84 West Santa Clara Street, Suite 700 5 San Jose, California 95113-1809 T: (408) 998-5888, F: (408) 904-7391 6 Attorneys for Plaintiffs 7 8 fiupermr 011711111 Df Qletltfnrmet 9 lmtg of fiania Qllam 10 11 Civil Division: 191 North First Street, San Jose, 95113 12 Case No.: 17CV320444 8 , SHUBHANJAN SHEKAR; ASSIGNED FOR CASE MANAGEMENT To: be, t 13 MONADHIKA SHARMA, Department 19, Hon. Peter H. Kirwan .( w as A 14 . . k“ Plaintiffs, REPLY DECLARATION OF ADAM at: 1 15 SANTANA IN SUPPORT OF DEFENDANT’S 13 ; V3. MOTION TO EXPUNGE LIS PENDENS OR ; 16 ALTERNATIVELY REQUIRE THAT 17 JACOB’S REAL ESTATE PLAINTIFFS POST AN UNDERTAKING INVESTMENTS, INC., 18 Date: January 30, 2017 BY FAX 19 Defendant Time: 9:00 AM Place: Department 19 20 Judge: Hon. Peter H. Kirwan 21 Action Filed: 12/13/17 22 Trial Date: None 23 24 25 26 27 28 ._ 1 _ January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING «s u «6 “it. (ItN z 5 m. g, U. *ifilfi§“f$ KI LAW «U: \DOO\IO\UIJ>UJN.-t NMNNNNNNNt-‘r-‘h-‘b-‘t-‘t-‘t-‘t-‘h-‘t-fi OOQQMAWNHOOOCQQMDWNHO 1, Adam Santana, declare: 1. On November 17, 2017, the parties entered into the purchase agreement. Obtaining a loan was not a contingency. (A true and correct copy of the purchase agreement is attached as Exhibit 3, page 087, para. 3(J)(4). 2. On November 17, 2017, the buyers removed all contingencies. (A true and correct copy of the removal is attached as Exhibit 2.) 1. Diligent Efforts re Two Liens 3. Exhibit 1 contains 44 true and correct copies of the emails between the parties, the escrow company, and lender. For ease of reference, I added the date and time of each email as a banner to the top of each exhibit. 4. On November 21, 2017, 8: 19 PM, the title company sent the lender a preliminary title report. (Exhibit 1, pages 001 - 010.) The preliminary title report discloses the following two liens which show as exceptions to title: (1) Dry Dog LLC, ISAOA; and (2) Amirosehan Ventures, A New Jersey Limited Liability Company, (collectively, Two Liens.) 5. On November 22, 2017, 9:01 am, my escrow officer again emailed the buyers’ agent the same preliminary report. (Exhibit 1, pages 011 - 019.) My escrow officer advised the buyers” agent of the Two Liens and that a payoff request and reconveyance were requested. 6. On November 28, 2017, 10:51 am, I asked my escrow officer if she got rid of the two liens and asked her when that would happen. (Exhibit 1, page 020.) 7. On November 28, 2017, 10:52 am, my escrow officer replied to me that she sent out the request for reconveyances for the Two Liens. (Exhibit 1, page 021.) 8. On December 1, 2017, 5:19 am, I asked my escrow officer on the status of the Two Liens. (Exhibit 1, page 022.) 9. On December 1, 2017, 8: 19 am, my escrow officer told me they hadn’t heard anything yet. (Exhibit 1, page 023.) 10. On December 4, 2017, 1:37 pm, I asked my escrow officer for the cost of a bond for the Two Liens. (Exhibit 1, page 024.) 11. On December 4, 2017, 1:38 pm, my escrow company told me they would look into _2__ January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING A‘Vflffiihfi‘fi .19? may (5. U “5 ‘i Q m 2 3m d.“ U: ©OO\IO\MAUJN~ NMNMNNNNNHn-tu-At-ta-tt-Iu-do-Ai-AH OONQM-DWN-‘OOOONONm-RUJNP‘O the cost of a bond. (Exhibit 1, page 025.) 12. On December 4, 2017, 2:23 pm, I asked my escrow company how quickly we could get the bond for the Two Liens worked on. (Exhibit 1, page 026.) 13. On December 4, 2017, 2:23:54 pm, my escrow company told me that she would have to talk to the bond company and see how long. (Exhibit 1, page 027.) 14. On December 5, 2017, 6:33 am, I contacted my escrow company to talk to the previous title company about the Two Liens to get them removed. (Exhibit 1, page 028.) 15. On December 5, 2017, 8:22 am, my escrow company told me that she tried to send out the request for reconveyances again and would reach out to the title company. (Exhibit 1, page 029.) 16. On December 5, 2017, 8:45 am, I asked my escrow company to contact the previous title company for the best way to resolve the Two Liens so that we could close on time. I asked her to resolve it in a day or two. (Exhibit 1, page 030.) 17. On December 5, 2017, 9: 12 am, the prior title company emailed my title company to say that they would happily issue title insurance and not show the Two Liens as exceptions. (Exhibit 1, page 031.) 18. On December 5, 2017, 9: 14 am, my escrow officer that she would talk to title company about the Two Liens in light of the prior title company’s offer to show title without the exceptions. (Exhibit 1, page 032.) 19. On December 5, 2017, 9: 17 am, the prior title company sent my escrow an the prior tilte insurance policy. (Exhibit 1, page 033.) 20. On December 5, 2017, 9:47 am, I asked my title company if the prior title insurance policy was enough to satisfy the Two Liens. (Exhibit 1, page 034.) 21. On December 5, 2017, 9:51 am, my title company said they would have to get back to me regarding the Two Liens. (Exhibit 1, page 035.) 22. On December 5, 2017, 11:35 am, the title company indicated between themselves that the Two Liens were paid off, but the lienholders may not have known that they were required to provide reconveyances. (Exhibit 1, page 036.) -3... January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDEN S / UNDERTAKING Ifififit‘ffi «85’ {AW CASIANEDA a CO. OKDOONO‘xUl-bwww-A NNNNNNNNNh-db-‘b-‘t-tb-lb-dfi-‘b-db-ib-d OOQQMAWN-‘OWOOQQMLWNH 23. On December 5, 2017, 12:22 pm, my escrow company asked another title officer for the Two Liens to be removed from the title report. (Exhibit 1, page 037.) 24. On December 5, 2017, 1:05 PM, my escrow company received an updated preliminary title report where the Two Liens were removed (“Updated Title Report”).(Exhibit 1, page 038.) 25. On December 5, 2017, 1:18 PM, my escrow company sent me the Updated Title Report. (Exhibit 1, page 039.) 26. On December 5, 2017, 1:55 pm, I asked my escrow company if I had fulfilled everything on my end. (Exhibit 1, page 040.) 27. On December 5, 2017, 2:04 pm, my escrow company inquired about setting up an appointment for me to sign my escrow documents. (Exhibit 1, page 041.) 2. Lender Investigates Buyer for Arms-Length Transaction 28. After the liens were removed from title, the lender began an investigation of the buyers. 29. On December 7, 2017, 10:42 am, the lender notified all parties that they wanted to confirm that the buyers were not related to any of the two lienholders that were removed from title. In short, the lender wanted to make sure that the buyers transaction was an arms-length transaction. The lender requested articles of incorporation or articles of organization from my company, the prior seller, and the two lienholders. (Exhibit 1, page 042.) 30. On December 7, 2017, 10:51 am, the lender said that the loan cannot move forward without the articles of incorporation or articles of organization from my company, the prior seller, and the two lienholders. Since I had already provided the docuements requested by the lender, the lender is now only asking for articles of incorporation or articles of organization for the prior seller, and two lienholders. (Exhibit 1, page 043.) 3. Updated Preliminary Report to Lender 31. On December 7, 2017, 11:15 am, my escrow company emailed the Updated Title Report to the lender. (Exhibit 1, page 045-066.) 4. Lender Continues Investigation in Spite of Updated Title Report -4- January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING Arraifltrr at new 0' t.) ed 4 Ci w z 3 m a: U COOOQONM-bWNh-u NNNNNNNNNk-‘h-‘D-‘P-‘t-‘h-‘t-ip-Ab-dr-d OO\]O\Ul-§UJNMO\OOO\IO\M-5WNF‘ 32. On December 7, 2017, 11:23 am, the lender said it now only needed articles of incorporation or articles of organization for the two lienholders. (Exhibit 1, page 067.) 33. On December 7, 2017, 12:26 pm, I told the lender and buyers’ agent that: (l) I am the only member of Jacob’s Real Estate Investments, Inc.; (2) I am not a member and do not have any affiliation with the two lienholders; and (3) I don’t know how to obtain a list of their members. (Exhibit 1, page 068.) 34. On December 7, 2017, 2:25 pm, the lender said that without the articles of incorporation from the two lienholders, there will be no movement on closing. The lender said they could not find any information online as to who the members of the two lienholers are. (Exhibit 1, page 069.) 35. On December 7, 2017, 2:59 pm, I told the lender and buyers’ agent that: (1) I don’t know who the lienholders are; (2) I don’t have their contact information; (3) I asked my previous agent for the contact information and she doesn’t have it either; (4) I didn’t know why the lender is conducting its investigation of the buyers a few days before closing when they had known of the two lienholders from the beginning; and (5) all of this should have been handled a long time ago. (Exhibit 1, page 070.) 36. On December 7, 2017, 3:04 pm, the buyers’ agent emailed the lender that: (1) he did not understand why the lender needs documents from the previous owner; (2) the lender’s request does not make any sense; and (3) the buyers’ agent never heard or seen anything like the lender’s request. Exhibit 1, page 071.) 37. On December 7, 2017, 3:08 PM, the lender emailed me that they agreed with my position, but the underwriter’s request remains. Exhibit 1, page 072.) 38. On December 7, 2017, 3:09 PM, the lender replied to the buyer agent’s email that he agreed with him and me. (Exhibit 1, page 073.) 39. On December 7, 2017, 3:11 pm, the buyers’ agent emailed the lender that he doesn’t understand why the lender is asking for articles of incorporation from the prior seller. (Exhibit 1, page 074.) 40. On December 7, 2017, 3: 16 pm, the lender said the concern was that the buyers were -5- January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING Casrawrna & Co. ‘i JSNS § 44:? aw \OOO\JO\UI-DWN 10 ll 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 related to the previous seller. They needed to verify that the buyers had an arms length transaction and that the articles of incorporation is the only document that confirms this fact. (Exhibit 1, page 075.) 41. On December 7, 2017, 5:31 pm, I replied to the lender’s 3:16 PM email that I did not have contact information for the two lienholders and that I have no other way to get a hold of them. (Exhibit 1, page 076.) 42. On December 8, 2017, 11:43 am, the lender admitted: (1) that he was surprised that the lienholder issue was not addressed eariler and that he has no explanation other than it was missed; (2) he acknowledged that I had exhausted all options on my part to track down the lienholders. (Exhibit 1, page 077.) 5. Demand to Close Escrow 43. On December 9, 2017, 11:29 am, I sent a Demand to Close Escrow to the buyers” agent. (Exhibit 1, page 078.) 44. On December 9, 2017, 3:39 PM, I told the buyer’s agent that I had fully performed under the agreement and cooperated with the buyers and lender. (Exhibit 1, page 079.) 45. On December 9, 2017, 5:04 pm, the buyers said they too were frustrated with the lender and said the lender was making “unreasonable unheard of demands.” (Exhibit 1, page 080.) 46. On December 9, 2017, 11:54 am, the buyers’ agent acknowledged receipt of my demand to close escrow. (Exhibit 1, page 081 and Exhibit 6.) 47. On December 11, 2017, the buyers asked for an extension of time to close escrow until December 19, 2017. (A true and correct copy of the request is attached as Exhibit 4.) I did not agree to the extension 48. On December 12, 2017, I cancelled the purchase agreeemnt. (A true and correct copy of the cancellation is attached as Exhibit 5.) 6. Offer of $1.47 million 49. On December 20, 2017, 1:57 pm, I received an offer of $1 .47 million to purchase my home. (Exhibit 1, page 082.) /// -6-- January 24, 2018 ADAM SANTANA REPLY DECL. ISO MOTION TO 17CV320444 EXPUNGE LIS PENDENS / UNDERTAKING To: Damian nuH Page 2 of 3 2018-01-25 01:35:10 (GMT) 17202284290 From: To: Adam Santana Page 1 of 1 . 2018-01-25 00:48:30 (GMT) 06133012: & Co. (408 From: Damian Castaneda 1 ideclare under penalty ofperiury under the} ems 01 the State 0: Calilomiu that the foregoing 2 is true and correct. 3 January 24, 2018 M?“ ADAM SAN ANA, CEO 4 iacob‘ 5 Real Estatel nvestmems‘ Inc 5 6 7 8 C) 10 11 W7- January 24, 2918 ADAM SANTANA REPLY DECL. ISO MOTION TC) ”(3320444 EXPUNGE LIS PENDENS/ UNDERTAKING Exhibit 1 Exhibits attached to Reply Decl. of Adam Santana Santana 001 November 21, 2017, 8:19 pm ----- Orsginal Massage-«~- From: 00%:w <§ To: Mandas. Kristin <3 Sam: Tue, MW 21, 2017‘ 8::9 pm Subgect: Dacumem Defivery Notice ~ Order WWW-2984182094 Ref 7: 33m mamas Avenue. 8mm {3mm SA WSW Ref 2: : {' 'hiwga Title insurance (”mummy PMéSL" CHiLK film we aiiafihfl‘zfiflflgfi E190»? {I} éCCL‘SS 36m.” CGCUT‘WI‘EESM NOTICE: The mfmmawn wmamed m W8 message is moprietary anvdmr csnfédemsal and may be piivileged. if you are no: the irnencied recipéem of 1t commum‘ca‘tisa yms are hereby miifiarj "50: (i) deflate the message and ed? copias; {ii} da n01 discwse‘ distribute 0r we the megsage in any marmer; and (iii) nmify the aender immediateiy. m;m«' mm»: 3w Mr; M wwvwwwmuwwwr «« ”M .v “Wm.“ WM mvwr ‘ Wsfiw MW? Exhibits attached to Reply Decl. of Adam Santana Santana 002 Visit Us on our Wabsite: wwwgflcncom CHICAGO TITLE COMPANY ISSUING OFFICE: 675 Norm First Street, Suite 400, San Jase, CA 95112 FOR SETTLEMENT INQUiRIES, CONTACT: Chicago T1118 Company 20100 Stevens Creek Bivdx, Ste 100 '1 Cupertino, CA 95014 (408)253~9050 '1 FAX (408)252’3792 Another Prompt Delivery From Chicago Title Company Title Department Where Local Experience And Expertise Maka A Difference PRELIMINARY REPORT Update A Tifie Officer: Ray Rosario Escrow Officer: Starr Wufi Email: ray.rosado@fitiegroup.fntg.com Email: starr.wo¥f@ctt.com Title No.: FWPSa-2984162094wRR Escruw No.2 FWPS~2984162094 -SW TO: Santana Reaity 1095 81rd Ave #5 San Jase, CA 95125 Arm: Adam Santana PROPERTY ADDRESS(ES): 3318 Granada Avenue, Santa Clara, CA EFFECTIVE DATE: Novamber 14, 2017 at 07:30 AM The form of policy or poiicies of title insurance contemplated by this report is: ALTA Homeowner's Policy 0113136 Insurance 2013 ALTA Loan Poficy 21306 1‘ THE ESTATE OR INTEREST N THE LAND HEREiNAFTER DESCRIBED OR REFERRED TO COVERED BY THE REPORT 13: A Fee 2. TITLE TO SAJD ESTATE OR ENTEREST AT THE DATE HEREOF IS VESTED 1N: Jacob’3 Rea: Estate Investments. 1nc., a Califcmia Curporafion 3. THE LAND REFERRED TO IN THIS REPORT 18 DESCRIBED AS FOLLOWS: SEE EXH¥BIT "A" ATTACHED HERETO AND MADE A PART HERE-30F CLTA Preliminary Repcn Form . Modified (11.1106) Primed. 11121.17 62 08:03 PM by ESCAOOOMDZGWI Updated: 08.31.17 2 CA-~$PS4~1YwFWF’S‘ZSBMQGM Exhibits attached to Reply Decl. of Adam Santana Santana 003 EXHTBIT "A" Legai Description For APNlParceI [0(5): 1290-02-07? THE LAND REFERRED TO HEREIN BELOW IS SITUATED N THE CiTY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNTA ANTI} IS DESCRTBED AS FOLLOWS: LOT 38 AS SHOWN ON THE MAP OF TRACT NO. 1313. SUN~GLO ESTATES UNIT NO. 1, BEING A PORTION OF THE QUITO RANCHO, FILED FOR RECORD MAY 25, 1954 TN BOOK 60 OF MAPS, PAGES 16 AND 17, SANTA CLARA COUNTY RECORDS. Primed. nzmv (Q was w by CLTA Pnahrmnary Report Form « Modified (1131,06) 3 CA~SPS~$~17~FWPES~2984 162094 SCAMOZI‘Ozdoc I Umwed: 08.31.17 Exhibits attached to Reply Decl. of Adam Santana Santana 004 Tifie N0: FWPS-2984162094~RR Update: A AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN 3ND POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, inciuding any persons! property taxes and any assessments coiiected with taxes are as foiiows: Gods Area: 0074314 Tax Identification No.: 290-022-077 Fiscai Year: 2017-2018 1st instaiiment: $5,135.02 Open 2nd instaiimsnt: $5,135.02 Open Exemption: $0.00 Land: $650,250.00 improvements: $216,750.00 Personal Property: $0.00 Prior to cross of escrow, piease contact the Tax Collector’s 60186: to confirm 331 amounts swing, inciuding current fiscai year taxes, supplemsntai taxes, escaped assessments and any delinquencies. 2. Supplemental assessment for 2017-2018: 1st instailmem $923.24, Open Must be Paid By: Oecsmber 11, 2017 2nd Instailment: $923.24, Open Must be Paid By: April 10, 2018 Biii No: 290-02-07?-62 3. Supplements? assessment for 20162017: is! instalimem $81.01. Open Must be Paid By: Dscsmber 11. 2017 2nd insiafimeni: $81.01, Open Must be Paid By: Aprii 10, 2018 Biii No; 29002-077431 4. The lien of supplementai or escaped assessments of propsrty taxes. if any, made pursuant to the provisions of Chaptsr 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articies 3 and 4, respectiveiy, of the Revenue and Taxation Code of the State of Caiiromia as a resuit of the transfer of titie to the wastes named in Scheduie A or as a rssuit of changes in ownership or new construction occurring prior to Date of Poiicy. 5. Any iiens or other assessments, bonds, or speciai district iiens inciuding without limitation, Community Faciiity Districts, that arise by teaser) of any iocai, City, Municipai 0r County Praise! or Speciai District. CLTA Prsiirmnary R090“ Form m Modified (11.1706) aw: 1121 17 @ 03:03 PM by SCADOOZ‘iOZidoc I Updated 0331.17 4 CAWSPS1-17-FWPSw2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 005 Title No: FWPS~2984162094-RR Update: A EXCEPTIONS (continued) 6, Easement(s) for the purpose{s) shown below and rights incidental thereto as delineated or as offered for dedication. on the map of said tract/plat; Purpose; Light and Air Easement (Designated 8.3L on the Map herein referred to) Affects: The Northerty $6 tract of 8a Map Purpose: Pubttc Utility Easements Affects: Tho Westerty 1 feet and the Easterly 5 feet of Said Map 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religton. sex, sexual orientation, familial statuo, marital status, disability, handicap, national origin, citizenship, lmmlgratton status, primary language, ancestry, or source of income, as set forth in applicabto state or federal laws, except to the extent that said covenant or restriction is permitted by applicable taw, as set forth in the document Recording Date: May 25, 1954 Recording No: Book 2879, Page 516, of Official Records. Said covenants, conditions and restrictions provide that a vtotatton thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for value. 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: $780,000.60 Dated: April 29, 2016 Truator/Grantor: Pine Tree investments, LLC Trustee: First American Title lnsuranoo Company Beneficiary: Dry Dog LLC, lSAOA Loan No: Not Shown Recording Date: May 13, 2016 Recording No: 23304778, of Official Records. Said deed of trust or tho deed(s) of trust rooordod concurrently therewith have no recltats thatwould indicate the relative priority between said instruments. CLTA Preliminary Report Form - Modified (1147,06) Printed: 11,2137 @ 08.03 PM by SCA0062402ooc 1‘ Updated: 08,31 17 5 CA-uSPS‘l-‘lWFWPSQSSMMOtJ/A Exhibits attached to Reply Decl. of Adam Santana Santana 006 Title No.: FWPS-ZQBMSZDQwRR Update: A EXCEPTIONS (continued) 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: $220,000.00 Dated: May 6, 2016 TrustoriGrantor: Pine Tree investments, LLC, a New Jersey limited liability company Trustee: First American Title insurance Comoany Beneficiary: Amirosehan Ventures, A New Jersey Limited Liability Company Loan No: 23304779 Recording Date: May 13, 2076 Recording No: 23304779, of Official Records. Said deed of trust or the deed(s) of trust recorded concurrently therewith have no recitals thatwould indicate the relative priority between said instruments. to, The Company wilt require the following documents for review pn‘or to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Jacob's Real Estate lnvestments, inc. a California Corporation a) A Copy of the corporation Bywlaws and Articles of incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein c) it the Articiee andior By~lawo require approval by a ‘oarent’ organization, a copy of the Articles and By-iaws oi the parent oi) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or matte further requirements after review of the requested documentation H. A deed of trust to secure an indebtedness in the amount shown below, Amount: $820,000.00 Dated: April 21. 2017 Trustor/Grantor Jacob's Real Estate investments. lno., a California Corporation Trustee: Note Servicing Center, Inc., Beneficiary: Conventus LLC Loan No: Not Shown Recording Date: May 2. 2017 Recording No: 23637942, of Official Records CLTA Proliminary Ropor'l Form - Modified (1 10106) Printed; “.2117 (Q 08:03 PM by SCA0002402.doc/Updatod: 08.31.17 0 CAwSPSflw‘lIWF‘S-nmmgé Exhibits attached to Reply Decl. of Adam Santana Santana 007 Title No; FWPS-2984162094-RR Update: A EXCEPTIONS (continued) 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. The Company wilt require, for review, a full and complete copy of any unrecorded agreement. contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 13. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 14. If the Land is located within the area affected by a Geographic Targeting Order issued by FinCEN (California counties of Los Angeles, San Diego, San Francisco, Santa Clara and San Mateo), the Company must be supplied with a completed ALTA Information Collection Form ("lCF"). END OF EXCEPTIONS CLTA Preliminary Report Form - Modified (1117,06) Printed: 11.21.17 @ 08:03 PM by SCA0002402.doc / Updated: 0831.17 7 CA-«SPsvt-t7-FWPS‘2934162094 Exhibits attached to Reply Decl. of Adam Santana Santana 008 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Title No: FWPSv2984162094a-RR Update: A ROYES Notice: Ptaase be aware that due to the conflict between fedora? and state laws concerning the cuitivation, distribution, manufacture or sale of marijuana, the Company is not able to ciose or insure any transaction involving Land that is associated with these activities. Note: The name(s) of the proposed insurodis) fumished with this application for title insurance isfare: Name(s) furnished: Shubhanian Shekhar and Monadhika Shanna if these name(s) are incorrect, incomplete or misspciied. please notify the Company. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Single Family Residence, known as 3318 Granada Avenue, Santa Clara, California, to an Extended Coverage Loan Policy. Note: The only conveyances(s) affecting said Land, which recorded within 24 months of the dots of this report, are as foltows: Grantor: Robin Jigour, Successor Trustee of the Edward and Margaret Jigour Famiiy Trust Dated December 14, 2002 Grantee: Pine Tree investments, LLC, a New Jersey iimited iiability company Recording Date: May 13, 2016 Recording No: 23304777, of Official Records. Grantort Pine Tree investments, LLC, a New Jersey Limited Liability Company Grantee: Jacob's Real Estate investments, inc, a California Corporation Recording Date: May 2, 2017 Recording No: 23637941, of Official Records if a county recorder, title insurance company, escrow company, real estate agent or association provides a copy of the declaration. governing document or deed to any person, Caiiiomia law requires that the document provided shail inciude a statement regarding any unlawful restrictions, Said statement is to be in at least 14upoint bold faced typed and may be stamped on the first page of any document provided or inctuded as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Any documents being executed in conjunction with this transaction must be signed in the presence oi an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third~party service. if the above requirements cannot be met, please call the company at the number provided in this report. CLTA Preliminary Report Form m Modified (11.17.06) Printed: 1121,17 (3:33 08:03 PM by SCAOOOMOZdoc / Updated: 08.31.17 8 CA-«SPSJ'i7~FWPS~2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 009 Title No.: FWPS~2984162094wRR Update: A NOTES (continued) Note 7. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers lhe parcefis) of Land that yam requested. lf the legal descriptlcn is incorrect, the sellerlborrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parceks) of land will appear on any documents to be recorded in connection will“; this lranaacllcn and on the policy of title insurance. END OF NOTES CLTA Preliminary Raped Form . Modliiad (111106) Printed: H21 .17 @ 0303 PM by SCAGOOZMOZC’OCI’Upd? 08.31.17 9 CAM-SP3l~lY-FWPS«2984162{394 Exhibits attached to Reply Decl. of Adam Santana Santana 010 November 22, 2017, 9:01 am From: Wolf, 395arr Cc: Suhfiect: Document Delivery Notéce w Order #FWPSQEIBMGZOM Ref 1: Ref 2: 331B Granada Avenue, Santa (Ema CA 95051 Uaaatad preiim attached Thare are Ewe éoa ms on We» far the prawns mvneafi We are wemégming a paymf‘f request ancf Remnveyanse to than tway. Thanks. This trangact'mn finvoivmy: {Imam} Date: Friday, Dewmlmr 9 2015 1:61 PM P“! imt Name: EPRE’ Cugtamer Ref: Progeny: 3-318 Granada Avenun, Santa Ciara CA 95051 Buym: Mmadhika Shanna, Shannanjan snakhar Sewer: lamb Ram Estate Invastmenm, Inna California Carpuration Adam Santana Extwnaé 0min! Nuwber: Eaf’tPrD - FWPS~2934162094 Intermix; Order Hummer: 24 323 497 NQTICE: The inimmafiun cantamad %n this massage is pmpne'éary audio: confidential ané may be arévfieged. E? you are not the intended recipiem a? thin communication, yum are hereby notified ta: ii) dame: the mesaaga and 81% cogias; (is) :30 not diaciose, distxibute or U53 the massage: in any manner; and {éié} notify i‘ha semis-:5 émmwiatalyu Exhibits attached to Reply Decl. of Adam Santana Santana 011 Visit Us on our Website: wwwtcb'ccom ' CHICAGO TITLE COMPANY ISSUING OFFICE: 675 North First Street, Suite 400, San Jose, CA 95112 FOR SETTLEMENT INQUFRIES, CONTACT: Chicago Title Company 20100 Stevens Creek Bivdx, Ste 100 - Cupertina. GA 95014 (408)253~9050 . FAX(408)252-3792 Another Prompt Delivery From Chicago Title Company Title Department Where Local Experience And Expertise Make A Difference PRELIMINARY REPORT Update A Title Officer: Ray Rosado Escrow Officer: Starr Wolf Email: ray.rosado@titiegroup,fntg.com Email: stan.wolf@ctt.com Tme No; FWP8-2984162094~RR Escrow Not: FWPS-2984162094 -SW TO: Santana Realty 1095 Bird Ave #5 San Jase. CA 95125 Arm: Adam Santana FROPERTY ADDRESS(ES): 3318 Granada Avenue, Santa Clara, CA EFFECTIVE DATE: November 14, 2017 at 07:30 AM The form of policy or policies of tifle insuvance caniemplated by this report is: ALTA Homeowner's Policy of “We Insurance 2013 ALTA Loan Poficy 2006 1. THE ESTATE OR kNTEREST }N THE LAND HEREWAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF 28 VESTED FN: JaCOb‘e; Real Estate Investments, 1m)" 3 Cafifcmia Cmporafion 3. THE LAND REFERRED TO IN TH‘S REPORT 18 DESCRXBED AS FOLLOWS: SfiE EXHIEIT "A” ATTACHED HERETO AND MADE A PART HEREOF CLTA Pmirmx‘nary Raptor? Pom) - Momma! (11.17.06) 9mm; 1121.17 @ 08:03 PM Dy SKMOOOMOZVGW 1’ Updated: 08.31.37 2 CAw-SPS~M?«FWPSo2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 012 EXHIBQT "A“ Legal Description For AFN/Mame} “3(3): 290-132-077 THE LAND REFERRED TO HEREW BELOW IS SITUATED N THE CWY OF SANTA CLARA, COUNTY OF SANTA CLARA STATE OF CALJFORNiA AND ES DESCRIBED AS FOLLOWS: LOT 38 AS SHOWN ON THE MAP OF TRACT NO. 1313, SUN~GLO ESTATES UNiT NO. 3, BEING A PORTION OF THE QUITO RANCHO. FILED FOR RECORD MAY 25, 1954 N BOOK 50 OF MAPS, PAGES 16 AND ’17, SANTA CLARA COUNTY RECORDS. CLTA Preirmmary Ream Farm ~ Modified (1117.06) aed: 112.1 17 (Q 08:93 PM by SCAM2402GQC I Updazed: 08.33.17 3 CA~8P8~1-1‘7-FWPS»2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 013 Title No: FWPSQQSA 1 62094-1012 Update: A AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes are as follow: Code Area: 0074314 Tax Identification No.: 2910-02-07? Fiscal Year: 2017-2018 151 installment: $5,135.02 Open 2nd lnetallment: $5,135.02 Open Exemption: 83000 Land: $850,250.00 Improvements: $216,750.00 ‘ Personal Property: $0.00 Prior to close of escrow, please contact the Tax Collector‘s Office to confirm all amounts owing, including current fiscal year taxee, supplemental taxes, escaped assecsmenls and any delinquencies. 2. Supplemental assessment for 20174018: 131 lnstellmenl $923.24, Open . Must be Paid By: December 11, 2017 2nd installment: $923.24, Open Must be Paid By: April 10, 2018 Bill No: 290~02~077~62 3. Supplemental assessment for 20102017: lei installment $81.01. Open Must be Paid By: December 11. 2017 2nd lnslallment: $81.01, Open Must be Paid By: April 10, 2018 Bill No: 29002-077431 4. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant 10 the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, ol the Revenue and Taxation Code of the State of California as a result of the transfer of title to the veotee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. 5. Any liens or other assessments, bonds, or special district ilens including without limitation, Community Facility Districts, that arise by reason of any local. City, Municipal or County l7roject or Special District. CLTA Preliminary Report Form - Modified (11.17.06) Printed; 11.21.17 @ 08:03 PM by SCA0002402.dcc I Updaled; 08.31.17 4 CAMSPSJAWFWPS-ZQM162094 Exhibits attached to Reply Decl. of Adam Santana Santana 014 Title No? FWPS~2984162094-RR Update: A EXCEPTlONS (continued) 6, Eascment(s) for the purpose(3) shown below and rights incidental thereto as delineated or as offered for dedication. on the map of Said tractlplai; Purpose: Light and Air Easement (Designated B.S.L on the Map herein referred to) Affects: The Nonneny 35 feet of Said Map Purpose: Public Utility Easements Affacts: The Westerly 1 feet and the Easterly 5 feet of Said Map 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, coiot. religion, sex, sexual orientation, familial status, marital Status, disability, handicap, national origin. citizenship. immigration status, primary language, ancestry, or source of income, as set forth in applicable Male or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Sate: May 25, 1954 Recording No: Book 2879, Page 518, of Official Records, Said covenants, conditions and restrictions provide that a violation thereof snaii not defeat the lion of any mortgage or tract deed made in good faith and for value. 8. A deed of trust to secure an indebtedness in the amount shown below, Amount: $780,009.00 Dated: April 29, 2016 Tmstor/Grantor: Pine Tree investments, LLC Trustee: First American Title insurance Company Beneficiary: Dry Dog LLC, lSAOA Loan No: Not Shown Recording Date: May 13, 2016 Recording No: 23304778, of Official Rocordg. Said deed of twat or the doed(s) of trust recorded concurrently therewitn have no rocltais thatwould indicate the relative priority between said instmmenta. CLTA Preliminary Rapon Form . Modified (11,117.06) Printed: 11.2147 @ 08:03 PM by 3CA0002402noc/ Updaiodt 08.3l 17 5 CAmSPS‘i-‘lWFWPSdSSMSZOW Exhibits attached to Reply Decl. of Adam Santana Santana O15 Titie No: FWPS-2984162094-RR Update: A EXCEPTlONS (continued) 9. A deed of trust to secure. an indebtedness in the amount shown boiow, Amount: $220,000.00 Dated: May 6, 2016 TrustoriGrantor: Pine Tree Investments, LLC. a New Jersey iimited iiobiitty company Trustee: First American Title insurance Company Beneficiary: Amirosehan Ventures, A New Jersey Limited Liability Company Loan No: 23304779 Recording Date: May 13, 2016 Recording No.: 23304779, of Official Records. Said deed of trust or the deed(s) of trust recorded concurrently therewith have no recitals thatwould indicato the reiative priority boomer) said instruments. to. The Comoany wiil require the foliowing documents for review prior to the issuance of any titie insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Jacob's Reai Estate: investments, too, a Caiifornia Corporation a) A Copy of the corporation By~iaWs and Articles of incorporation b) An original or certified copy of a resolution authorizing the transaction contompiated herein a) it the Articios and/or By-iaws require approval by a ’parent’ organization a copy of the Artistes and By-iaws of the parent d) A current dated certificate of good standing from the proper governmentai authority of the state in which the entity was created The Company reserves the right to add additional items or make further require-manta after review of the requested documentation, it. A deed of trust to securo an indebtedness in the amount shown below. Amount: $820,000.00 Dated: April 21, 2017 Trustor/Grantor Jacob‘s Real Estate investments, inc, a Caiifornia Corporation Tmstee: Note Servicing Center, lnc., Beneficiary: Conventus LLC Loan No.: Not Shown Recording Date: May 2, 2017 Recording No.: 23637942, oi Officiai Recordo CLTA Proliminary Report Form - Modified (1 i,‘i7.06} Printod; 11.2117 @ 08:03 PM by SCAGOGflOZfioc/Uodated: 08,31,17 6 CA~8P84~W~FWPS~298M62094 Exhibits attached to Reply Decl. of Adam Santana Santana 016 Title No.: FWPS-2984162094-RR Update: A EXCEPTiONS (continued) 12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disciosed by the Public Records. The Company wiil require, for review, a full and complete copy of any unrecorded agreement. contract. license and/or tease, together with all supplements, assignments and amendments thereto, before issuing any policy of titie insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 13. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 14. if the Land is located within the area affected by a Geographic Targeting Order issued by FinCEN (California counties of Los Angeles, San Diego, San Francisco, Santa Clara and San Mateo), the Company must be supplied with a completed ALTA Information Collection Form ("iCF"). END OF EXCEPTIONS CLTA Preliminary Report Form - Modified (11.17116) Printed: 1121.17 @ 08:03 PM by SCAGOOZoOZidoc I Updated: 08.31.17 7 CA~SPS-i-17.FWP&2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 017 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Title No.: FWPS-2984162094~RR Update: A HOTES Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Lend that is associated with these activities. Note: The name(s) oi the proposed insured($} furnished with this application for title insurance is/are: Nam-2(8) furnished: Shubhanjan Shekhar and Monedhilta Shanna if these name(c) are incorrect, incomplete or misepetled, please notify the Company, Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form its indicating that there is located on eaid Land a Single Family Reeidence. known as 3318 Granada Avenue, Santa Clara, California, to an Extended Coverage Loan Poitcy. Note: The only conveyences(s) affecting said Land, which recorded within 24 months of the date of this report, are as foliows: Grantor: Robin Jigour, Successor Trustee of the Edward and Margaret Jigour Famiiy Trust Dated December 14, 2002 Grantee: Pine Tree investments, LLC, a New Jersey iimited liability company Recording Date: May 13, 2016 Recording No: 23304777, of Official Records. Grantor: Pine Tree investments, LLC, a New Jersey Limited Liability Company Grantee: Jacob's Real Eetate investments, Inc, a California Corporation Recording Date: May 2, 2017 Recording No: 23637941, of Official Records if a county recorder, title insurance company. escrow company, real estate agent or association provides a copy of the declaration, governing document or deed to any person, Caiitomia law requires that the document provided shalt include a statement regarding any unlawful restrictions. Said statement is to he in at ieest 14vpoint bold faced typed and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Any documents being executed in conjunction with this transaction muet be signed in the presence of an authorized Company employee, en authorized empioyee of an agent, an authorized employee of the ineured lender, or by using Bancscrv or other approved third~party service. if the above requirements cannot be met. please call the company at the number provided in this report. CLTA Preliminary Report Form ~ Modified (11.17.06) Printed: 1123,17 @ 08:03 PM by SCAODO2402doc1 Updated: 06.3117 8 CA-~SPS-1~17~FWP&298416209M Exhibits attached to Reply Decl. of Adam Santana Santana 018 Title No: FWPS~2984162094~RR Update: A NOTES (continued) Note 7. Your application for title insurance was placed by reference to only a street address or tax identification numbert Based on our records, we believe that the legal description in thle report covers the parcells) of Land that you requested. ll the legal descrlplion l3 incorrect, the sellerfborrower must notify the Company andlor the settlement company in order to prevent errors and to be certain that the correct parceKe) of land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF NOTES CLTA Prelimmaw Reporl Form . Moortied (1117.06) Primed: 1121,17 @ 0503 PM by SCADW2402.GOC 1 Updated: 08.3117 9 CA-3PS-l~17~FWPSv298MG2094 Exhibits attached to Reply Decl. of Adam Santana Santana O19 November 28, 2017, 10:51 am From: Adam Santana [matlto:AdamSantanare@aol.com] Sent: Tuesday, November28, 2017 10:51 AM To: Serrano, Casey Cc: kristinQeliteescrowscom Subject: Re: FWPS-2984162094 Ref 1: Ref2: 3318 Granada Avenue, Santa Clara CA 95051 1M PORT ANTNOTICE - This message sourced from an external mail server outside of the Comp any. Yes I will email them over. I‘m the signer. Were you able to get rid of the other owners liens/ loans yet? Any timeframe as to when that would happen? Thx. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax wwwSllaistin rseo m Exhibits attached to Reply Decl. of Adam Santana Santana 020 November 28, 2017, 10:52 am DatezNovember 28,2017 at 105227 AM PST To: Adam Santana Cc: "kristinflze liteesc rows.co m " eliteescro ws.co m> Subject: RE: FWPS-2984162094 Ref 1: Ref 2: 3318 Granada Avenue, Santa Clara CA 95051 Thanks, Adam. We sent out the Recons via Fed-EX but I have not gotten anything as of yet! Hm w grwfalag, 04469 SWI’W AWfl'S‘fm/r Wolf Mr 7‘w Way; 20100 SW 0Vé6k/ ELM/57% 100 Wm; 04 95014 DeLW 408 ~8 73 -4000 PM 408 ~25? ~ €050 FM 408 ~25? ~55 7 $2 Wei/.mrméffiwm WMSES 1'0 WIRiMG IEKSXRUUIQNS Wit}. M3050 a? meme 0R fitfitfittfltm Via EMAEL ¢,X w: Wawwy. V ,, 21,1”: Exhibits attached to Reply Decl. of Adam Santana Santana 021 December 1, 2017, 5:19 am From: Adam Santana [mailto:AdamSantanare@aol.com] Sent: Friday, DecemberOl, 2017 5:19 AM To: Serrano, Casey Subject: 3318 Granada Ave Resolution - signed with DocuSign IMPORTANT NOTICE - This message sourced from an extemal mail server outside ofthe Company. Please confirm receipt. This should suffice it right? Any word on the payoffs? Also gettingvthose other liens taken care of? Pine tree ones. The ://vmw.docusi meow’trv Securely signed with DocuSign®: htt. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1 ll 1 Direct (888)832-6905 Fax wwwfs‘i Listin )3 .com Exhibits attached to Reply Decl. of Adam Santana Santana 022 December 1, 2017, 8:19 am From: ”Serrano, Casey" Subject: RE: 3318 Granada Ave Resolution- signed with DocuSign Hi Adam, Let me Check with my Title Officer. The payoffs have been sent out Fed-Ex, and we have not heard anything. Do you have a contact# for them? HM w greafdag, 04469 SWI’W AW/varr Wei/f War TéfléW 20100 SW 01/61/40 Edi/24.53% 100 W 04 6/5014 DVWLM 408 ““3 73 "4000 PM 408 ~25? - 4050 PM 408 ~25? ~3 7 ‘72 W.WI/Mw@&/7’Twm EHANKES m WIRWE mmmmns W111 WWR gg fliififiw UR egeeims} V111 EMAIL 1 MN ~ :1 z: Exhibits attached to Reply Decl. of Adam Santana Santana 023 December 4, 2017, 1:37 PM From: Adam Santana [malIto:AdamSantanare@aol.com] Sent: Monday, December04, 2017 1:37 PM To: Washington, Kahla Cc: Wolf, Starr ; Serrano, Casey ; , Linda Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara 1M PORTAN'I‘NOTICE-This message sourced from an external mail server outside ofthe Company. How much for the bond for the pine star liens? Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax www.81Listin 13.00111 Exhibits attached to Reply Decl. of Adam Santana Santana 024 December 4, 2017, 1:38 PM From: ”Serrano, Casey" Date: December 4, 2017 at 1:38:52 PM PST To: Adam Santana , '“Ihornson, Jennifer" Cc: ”, Linda" Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hi Adam, We will look into a bind company for you. Jennifer wit! be in touch! Hm wnMy, 64M SerrW AWfiS’Wr Wolf M’ 0- TW Company 20100 SW 01/600 Edi/00.52% 100 WWW: 0A 675014 00WLM 40g -8 73 4000 PM 408' 22523 ~9’05'0 PM 408 ~25? ~23 7 ‘72 Wye/’rWo/frmw CHMEES $0 WiRiRG izRSERUCTlflNS WM. WWQ $333 meme OR Wtfiifiggfiifi Wt EMAIL “ , / M t » \ ‘ 03H m -$’ r» ”a? Exhibits attached to Reply Decl. of Adam Santana Santana 025 December 4, 2017, 2:23 PM From: Adam Santana [mai[to:AdamSantanare@aoi.com] Sent: Monday, December04, 2017 2:23 PM To: Serrano, Casey Cc: Thomson,Jennifer<1ennifer.Thomson@ctt.com>; , Linda Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara IM PORTANTNOTICE - This message sourced from an external mail server outside of the Company. Ok. How quickly can we get that worked on? Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax WWM’.S.H.1811H rs. co m Exhibits attached to Reply Deal. of Adam Santana Santana 026 December 4, 2017, 2:23:54 PM From: "Serrano, Casey” Date: December 4, 2017 at 223:54 PM PST To: Adam Santana Cc: "Thomson, Jennifer" , ", Linda" Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hi Adam, We will have to talk to the bond company and see how long. Hm ax greafday, 621469 SerrW AW/vS/arr W091 6km o~ TéfwW 20100 SW 0Vm 551045240 100 Wm 04 675014 DdrwM 408 --8 73 ~4000 PM 408 ~253 - 67050 FM 408 -252 -3 7 ‘72 m, mama: oar/w § EfiRNSES X13 WIRiNE SHWUVWNS WIR Ma’ifi M mwga 9a E§§§§i§§§§§i¥§ WA EMAIL. 'm‘a z: Exhibits attached to Reply Deal. of Adam Santana Santana 027 December 5, 2017, 6:33 am From: Adam Santana [mailto:AdamSantanare@aol.com] Sent: Tuesday, DecemberOS, 2017 6:33 AM To: Serrano, Casey Cc: Thomson,Jennifer; , Linda Subject: Re: ePre Escrow/ Title FWPS'2984162094 - 3318 Granada Avenue, Santa Clara IM PORTANT NOTICE - This message sourced from an external mail server outside of the Company. Also Why can't you talk to the previous title company wfg. They issued title insurance for it can't they issue a letter indemnifying your company or something? Maybe they have the sellers/lien holders contact info. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 951 13 (408)531-1111 Direct (888)832-6905 Fax wwwS‘lljstin scorn Exhibits attached to Reply Decl. of Adam Santana Santana 028 December 5, 2017, 8:22 am From: "Serrano, Casey" Date: December 5, 2017 at 8:22:45 AM PST To: Adam Santana Cc: "Thomson, Jennifer” Cc: Thomson, Jennifer <1ennifer.Thornson@ctt.com>; , Linda ; Adam Santana Subject: RE: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Ciara Importance: High 1M PORTANT NOTICE -This message sourced from an external mail server outside of the Comp any. Hi Casey, Unfortunately we do not issue LOl’s. That’s the way it is these days for most title companies. However, would ithelp ifl sentyou a copy ofthe Owner’s Policy we issued to Adam? Thatshould be enough to eliminatethe two Deeds ofTrustyou’re showing. lithis doesn’twork, we are happy to issue the title insurance and will not show those items on our prelim. Thank youi! Karen© Karen L. Jones Sr. Escrow Officer WFG National Title Insurance Company 333 W. Santa Clara Street, #110, Sun Jose, CA 95113 VGU MAV {I'QNTAW MY AfifiISTANT MAI N690 xii" {dQfifldOwdfligd GR MNGO®WF6TIWECO£OM Direct: (408) 516-5161 Office: (408) 560-3000 E Efax: (408) 608-1900 Web: 3}} ' ’ 1‘ Email: iigerenéonee{remainiier;::z::.eosn License#5872-7 Confidentiality Notice: The. information contained in this electronic email and any accompanyingattachmends) is intended onlyfor the use of the intended recipientand is nonvpublic in natureand may be confidential and/or privileged. Ifany reader of this communication is notthe intended recipient, unauthorized use, disclosure, dissemination or copying is strictiy prohibited, and may be unlawful. lfyou have received this communication in error, pleaseimmediately notify the sender by return e-mail,and delete the original message-and all copies from your system and promptly destroy any copies made of this electronic message Thank you. Exhibits attached to Reply Decl. of Adam Santana Santana 031 December 5, 2017, 9:14 am From: Serrano, Casey lmailto:casev.serrano@ctt‘com] Sent: Tuesday, December 05, 2017 9:14 AM To: Karen Jones - San Jose, CA Cc: Thomson, Jennifer; , Linda; Adam Santana Subject: RE: ePre Escrow /Tltle FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hi Karen, Please send I will talked to my title dept. © Thank you for your help. Hm wgreafdag, W69 SWI’W AWfVSfuI/r W09“ M” o~ TL'fleyW 20100 SW firm [fa/104,5 799/ 100 éwwfl'rw: éA 675014 DeLW 408 -8 73 ~4000 PM 408 ~253 - 6/050 PM 408 ~25? *2? 7 ‘72 Wag/,WVWWW Exhibits attached to Reply Decl. of Adam Santana Santana O32 December 5, 2017, 9:17 am On Dec 5, 2017, at 9:17 AM, Karen Jones - San Jose, CA wietitleco.com> wrote: Hi Casey, Oh perfect. i’ve attached it here. Let me know ifyou need anything. Thank you?! Karen© Karen L. J ones Sr. Escrow Officer WFG National Title Insurance Company 333 W. Santa Clara Street, #110' San Jose, CA 95113 YCFU MAV dONVAKTi’” My Afifil’fiTANi’" MAI“ NQO A?” (408)§é0w3024 03% MN60@WF61TRECO.COM Direct: (408) 516-5161 i Office: (408) 560-3000 i Efax: (408) 608-1900 Web: e “i, Email: narnrweiee tetétiernzmom License#5872-7 Confidentiality Notice: The information contained in this electronic email a nd any accompanyi ng attachmentis) is intended onlyior the use of the intended recipientand is non~public in natureand may be confidential and/or privileged lfany reader of this communication is notthe intended recipient, unauthorized use, disclosure, dissemination or copyingis strictly prohibited, and may be unlawful. Ifyou have received this communication in error, pleaseimmediateiy notifythe sender by return e-mail,and delete the originai messageand all copies from your system and promptly destroy any copies made of this electronic message. Thank you. Exhibits attached to Reply Decl. of Adam Santana Santana 033 December 5, 2017, 9:47 am From: Adam Santana [mailto:AdamSantanare@a01.com] Sent: Tuesday, DecemberOS, 2017 9:47 AM Cc: Serrano, Casey ; Thomson, Jennifer; , Linda Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara 1M PORTANT NOTICE- This message sourced from an external mail server outside of the Company Is that enough to satisfy? Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax VW’WSJLiStin yscorn Exhibits attached to Reply Decl. of Adam Santana Santana 034 December 5, 2017, 9:51 am From: "Serrano, Casey" Date: December 5, 2017 at 9:51:11 AM PST To: Adam Santana aoLcom> Cc: "Thomson, Jennifer" Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hi Adam, I am not sure. I have sent to mytitle officer. I will be in touch. Hm 42 nM, W SWI’W AW/VSWI’ WM Wagav mmW 20100 SW area/o Edi/276.57% 100 Wm: 0A Q5014 DdrflO/‘LW 408 --8 73 *4000 PM 408 ~25} ~905O PM 408 ~25? ~35 7 92 W.Wrarw@0/fomw CHANGES $11 WIRENE WSWUCTIQNS WILL fiEViEfif fig fiiiiW‘fig 9R §§f§§§§§¥§§§ WA EMAIL > r?» V {‘3 Jpr'Y’ : Exhibits attached to Reply Decl. of Adam Santana Santana 035 December 5, 2017, 11:35 am From: Rosado, Ray Sent: Tuesday, DecemberOS, 2017 11:35 AM To: Serrano, Casey Subject: RE: ePre Escrow/Tine FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Gmedags, Y 0:1 are ok topmceed 311d disregard the ZDt’spertzhezzt with tbeptcvz'ous owner; I would tccammmd (ha tyou contact“ K211?!) ] ages (at W110 you/b3 V6 been deallhg with) at WGNE dong] Title Company and explain that the notedpdva ta benefician’es on the Deeds omst, may not be up to speed on the requirement that tbepajd oft’s; need to be reconveyed ofrecomfl and since WFG paid offtbe Dr’s; iftbey do [halite te mica sc ofoblzga dons to clear the Dt’s oftecom’. Good day, Ray Exhibits attached to Reply Decl. of Adam Santana Santana 036 December 5, 2017, 12:22 pm From: Serrano, Casey Sent: Tuesday, DecemberOS, 2017 12:22 PM To: Rosado, Ray Subject: RE: ePre Escrow/ Titie FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Can we update and remove those items. Hm ax greafa’ag, 045419 Serra/W AWMS/urr Wax/f Chicago” mu Company 20100 SW QM BWJSM 100 War/Ma, 0/1 95014 DeLéW 408‘ -g 73 «4000 PM 408 -253 ~ ‘7050 FM 408 ~25? 23 7 92 W,Wrmw@offoom Exhibits attached to Reply Decl. of Adam Santana Santana 037 December 5, 2017, 1:05 pm From: Rosado, Ray Sent: Tuesday, DecemberOS, 2017 1:05 PM To: Serrano, Casey Cc: Wolf, Starr Subject: RE: ePre Escrow / Title FWPS-2984162094 ~ 3318 Granada Avenue, Santa Clara Greeahgs, See at Ma cubed amended prelim-B. Good day, Ray Exhibits attached to Reply Decl. of Adam Santana Santana 038 December 5, 2017, 1:18 pm From: ”Serrano, Casey" Date: December 5, 2017 at 1:18:51 PM PST To: Adam Santana Subject: FW: ePre Escrow /Title FWPS-2984l62094 - 3318 Granada Avenue, Santa Clara Hi Adam. We are good, new updated pre-Iim. I should have the payoff by Thursday! Hm warmfdag, 64459 Serrano- AWWS’WI’ Wd/ Chicago~ may Company 20100 5W 01/6640 BCWLUSM 100 W 6/1 ¢5 014 DdrwM 408 -8 73 «4000 PM 408 ~25? -?050 PM 408 -252 :3 7 *?2 W.aw@m%omw Exhibits attached to Reply Decl. of Adam Santana Santana 039 December 5, 2017, 1:55 pm From: Adam Santana [mailto:AdamSantanare@aol.com] Sent: Tuesday, December 05, 2017 1:55 PM To: Serrano, Casey Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara IM PORTANTNOTICE - This message sourced from an external mail server outside of the Company. Ok great so I have fulfilled everything on my end right? Can you send over a mobile notary to ' can meetthem at the following cofiee shop. ! x w 71%} W 1}i mw Wu wzssm m; g l 9 {“43 WWW; "v“ {HR SM? {‘5 figs), '1s in} NW {WW inseam #33314!) «I Adam Santana Broker Santana Realty Ill North Market St Suite 300 San Jose Ca. 951 13 (408)531-1111 Direct (888)832~6905 Fax WWW. SJListin gs. co m Exhibits attached to Reply Decl. of Adam Santana Santana O40 December 5, 2017, 2:04 pm From: "Serrano, Casey" Date: December 5, 2017 at 220427 PM PST To: Adam Santana aolcom> Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hi Adam, Want to set up this appt for when? Hm av greafdag, W Serrano- AsrSfurr W093 WWO 773740W 20100 SW 61/000 5W,$f0 100 W 5/1 95014 DéreofLM 408 ~2? 73 «4000 PM 408 ~253 ~9050 PM 408‘ «2522 ~3 7 QZ Wag/.mraméméwm l l [HkNfiESEB Will RE liSl‘RUG'lflNS Will mm $22 fiififimw DR MWES‘EEQ WA EMAIL Exhibits attached to Reply Decl. of Adam Santana Santana 041 December 7, 2017, 10:42 am From: ObaidMohammadi@wellsfargo.corn [mailtobaidMohammadi@wellsfargocom] Sent: Thursday, December07, 2017 10:42 AM To: nigmoridicom; Serrano, Casey Cc: kristin@eliteescrows.com; Washington, Kahla ; almoridi@yahoo.com; adamsantanare@aol.com;John.R.Hollinger@wellsfargotcom; AIMEELSTSON@welisfargo.com Subject: RE: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara IMPORTANTNOTICE- This message sourced from an external mail server outside of the Company, Team -~ We left a voicemail forCaseyas of 40 minutes ago or so. The underwriting reviewwas completed and the following items have been triggered to confirm thatthistransaction is an arm’s length transaction. The underwriter must confirm thatthe buyers are not related to any ofthe entities involved in the purchases and resales of the property. Below is a cut and paste from the underwriter. Foreach ofthe four entities, the Articles of Organization orArticles of incorporation is needed. Once the items have been provided, reviewed and confirmed bythe underwriterthatthe buyers are not listed on any of the entities, the transaction can be advanced to the next phase, Please let me know ifyou need my assistance in helping with any ofthese items. l'm notsure how, but willing to assistinanyway. till-saw prettier the tall rm ntmemi’wm tin“: 1. fit me “tree Enveetrnente. tttfi w geller 2 iamh’a Real time-ate Emeatment’a, int; m Buyer then when m em tranrcvwere 3. City flog, tier: it i’ianeiai tweeter 4 Amiregehae Venturea, tit? tinas’zciai inveetor Exhibits attached to Reply Decl. of Adam Santana Santana 042 December 7, 2017, 10:51 am From: Obaid,Mohammadl@wellsfargo,com [mailtobaidMohammadi@wellsfargo.com] Sent: Thursday, December07, 2017 10:51 AM To: Serrano, Casey ;jp@jpmoridl.com Cc: krlstln@eliteescrows.com; Washington, Kahla; almoridi@yahoo.com; adamsantanare@aol.com;John.R.Hollinger@wellsfargo.corn; AlMEE.L.SlSON@wellsfargo.com Subject: RE: ePre Escrow/ Title FWPS~2984162094 - 3318 Granada Avenue, Santa Clara IM PORTANTNOTICE-This message sourced from an external mail server outside ofthe Company. Caseym I will speak with Aimee in 2hrs when she becomes available permy previous message. l’m simply looking foryou to forward to me, what you sent to her. The new request for items are below. JP/Adam, the loan cannot move forward with the Articles ofOrganizatlon or Articles of Corporation withoutthe below items. An updated prelim from escrow does not address the need below‘ l suggest we get on a call so that l can ensure we’re all clearon the requestand why. Please let me know what works for you. illezwo E‘E'i‘wille the Eilil lie: ol‘l’nemhem log": 1. lone "tree lnvestments, Elliw-Seller 2 Ealirola’s Reel Eistete leveés’rment’s, Erie Efiuyerthee Sellerto our borrowers 3. {LEE/y Slog, Eli? lineneiel ll‘EVEBfilQE‘“ 4 nmérosehan Ventures, LUZ financial liweeter Gbaid Mohammdl Home Mortgage Conwitamt NMLfi R ID 4432423 Waite Page Home Mortgage MAC A0320fl'l1 1277 Treat Blvd, Ste. S50 Wlnut Week, (:A 53459-7 Tel : eeeeamees Fax": 877-382-2396 Cell: 925457~69®4 obeldmehammefllfangom \» ‘»l m wwwwfhm as E sernmedl ’E‘oggether we’ll age fer Exhibits attached to Reply Decl. of Adam Santana Santana 043 December 7, 2017, 11:08 am From: ObaidMohammadi@wellsfargocom [mailto:Obald.l\/lohammadi@wellsfargo.com] Sent: Thursday, December07, 2017 11:08 AM To: Serrano, Casey ;jp@ipmoridi.com Cc: kristin@eliteescrows.com; Washington, Kahla ; almoridi@yahoo.com; adamsantanare@aol.com;John.R.Hellinger@wellsfargo.com; AlMEE.L.SlSON@wellsfargo.com Subject: RE: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara 1M PORTANTNOTICE- This message sourced from an external mail server outside of the Company. After reviewing the document, it is onlyforlacob’s investment. The request is for all others as well. l wantto make sure we’re clearon why. The buyercannot be related in any way to the below entities. The office Articles of Organization or Articles of Incorporation are needed for each ofthe items below. 91mm? EWUVitEQ the $i he: ntmeinhem m {We "‘t‘tee Emeaiettnente, m: Setter gmmm K 5‘") g ‘t‘j .1 m w . a, w my a 1 g 1., , ‘ ., ,V / 2,, N M 73"}, 5*: hit; Mamie: enema?” Amiteeman Ventwee. ten finaneéei tnxeetot JP/Adam m ready for a quick call? < imageOOZ in eii> Obaid Mohammadi Home Mortgage Consultant NMLSR ID 482428 Wells; Fargo Home Mortgage 1 1277 Treat Blvd” Ste 150 l Walnut: Creek, CA 94597 MAC: 341320011 Tel 925~287w6905 1 Cell 925*457u6994l Fax 877-382«2398 obaid.mohammadifltwellsfarqo.com | htto://www,wfhmcom/obald-mohammadi Exhibits attached to Reply Deal. of Adam Santana Santana 044 December 7, 2017,11:15 am From; Serrano, Casey- Cc: Euhiect: Dacumem Delivery Notéce m Order fiFWPSQQSMfiZOW Ref 1: Ref 2: 3315 Granada Avenue, Santa mam CA 95031 Hmwwgrmfim CW SWVW figment 3‘0 1?t Wolf CW “ , Tm CWW 29105} Sfevem Creek fifvdqe {’00 Cuperfinca, CA 950m 117m Liam? wagwmmww Phonefi wmgswms Paw 408%nn casewsarmno®cétcom Exhibits attached to Reply Decl. of Adam Santana Santana 045 U CHICAGO TITLE COMPANY PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms. The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read They are available from the office which issued this report. This repon‘ (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested. The policy(ies) of title insurance to be issued hereunder will be policy(ies) of Chicago Title Insurance Company, a Nebraska corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Insurance Company By: a / 2 I President Countersigned By: Attest: Authorized Officer or Agent Secretary CLTA Preliminary Report Form - Modified (11,17,06) Printed: 12.05.17 @ 12:57 PM by RR SCAOOO2402.docl Updated: 08.31.17 1 CA---SPS-1-17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 046 Visit Us on our Website: www.cticcom CoMPANY ISSUING OFFICE: 675 North First Street, Suite 400, San Jose, CA 95112 FOR SETTLEMENT INQUIRIES, CONTACT: Chicago Title Company 20100 Stevens Creek Blvd, Ste 100 - Cupertino, CA 95014 (408)253-9050 - FAX (408)252-3792 Another Prompt Delivery From Chicago Title Company Title Department Where Local Experience And Expertise Make A Difference PRELIMINARY REPORT Amendment B Title Officer: Ray Rosado Escrow Officer: Starr Wolf Email: ray.rosado@titlegroup.fntg.com Email: starr.wo|f@ctt.com Title No.: FWPS-2984162094-RR Escrow No.2 FWPS-2984162094 -SW TO: Santana Realty 1095 Bird Ave #5 San Jose, CA 95125 Attn: Adam Santana PROPERTY ADDRESS(ES): 3318 Granada Avenue, Santa Clara, CA EFFECTIVE DATE: November 14, 2017 at 07:30 AM The form of policy or policies of title insurance contemplated by this report is: ALTA Homeowner's Policy of Title Insurance 2013 ALTA Loan Policy 2006 ’I. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Jacob's Real Estate Investments, Inc., a California Corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CLTA Preliminary Report Form - Modified (1 1.1706) Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc/ Updated: 08.31.17 2 CA-~--SPS-1-17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 047 EXHIBIT "A" Legal Description For AFN/Parcel |D(s): 290-02-077 THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA CLARA, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA AND IS DESCRIBED AS FOLLOWS: LOT 38 AS SHOWN ON THE MAP OF TRACT NO. 1313, SUN-GLO ESTATES UNIT NO. 1, BEING A PORTION OF THE QUITO RANCHO, FILED FOR RECORD MAY 25, 1954 IN BOOK 50 OF MAPS, PAGES 16 AND 17, SANTA CLARA COUNTY RECORDS. CLTA Preliminary Report Form - Modified (1117.06) Printed: 12,0517 @ 12:57 PM by RR SCA0002402.doc/ Updated: 0831.17 3 CA-mSPS-1-17~FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 048 Title No.: FWPS-2984162094«RR Amendment: B AT THE DATE HEREOF, EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: 1. Property taxes, including any personal property taxes and any assessments collected with taxes are as follows: Code Area: 007-014 Tax identification No.: 290-02-077 Fiscal Year: 2017-2018 1st installment: $5,135.02 Open 2nd installment: $5,135.02 Open Exemption: $0.00 Land: $650,250.00 improvements: $216,750.00 Personal Property: $0.00 Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 2. Supplemental assessment for 2017-2018: 1st installment $923.24, Open Must be Paid By: December 11, 2017 2nd installment: $923.24, Open Must be Paid By: April 10, 2018 Bill No.: 290-02-077-62 3. Supplemental assessment for 2016-2017: 1st installment $81.01, Open Must be Paid By: December 11, 2017 2nd installment: $81.01, Open Must be Paid By: April 10, 2018 Bill No.: 290-02-077-61 4. The lien of supplementai or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, g respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of Changes in ownership or new construction occurring prior to Date of Policy. 5. Any liens or other assessments, bonds, or special district liens including without limitation, Community Facility Districts, that arise by reason of any local, City, Municipal or County Project or Special District. CLTA Preliminary Report Form - Modified (11.17.06) Printed: 12.05.17 @ 12:57 PM by RR SCADOOZ402doc/Updated: 08.31.17 4 CA----SPS-1-17-FWF’S-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 049 . . Title No.: FWPS-2984162094~RR Amendment: B EXCEPTIONS (continued) 6. Easement(s) for the purpose(s) shown below and rights incidental thereto as delineated or as offered for dedication, on the map of said tract/plat; Purpose: Light and Air Easement (Designated B.S.L on the Map herein referred to) Affects: The Northerly 15 feet of Said Map Purpose: Public Utility Easements Affects: The Westerly 1 feet and the Easteriy 5 feet of Said Map 7. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, citizenship, immigration status, primary language, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 25, 1954 Recording No: Book 2879, Page 516, of Official Records. Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or trust deed made in good faith and for vaiue. 8. The Company will require the following documents for review prior to the issuance of any titie insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: Jacob's Real Estate investments, Inc, a California Corporation a) A Copy of the corporation By-Iaws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein 0) if the Articles and/or By-laws require approval by a ‘parent’ organization, a copy of the Articles and By-laws of the parent d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. CLTA Preliminary Report Form - Modified (11.17.06) Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc/ Updated: 08.31.17 5 CA-mSPS-1~17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 050 Title No.: FWPS-2984162094-RR Amendment: B EXCEPTIONS (continued) 9. A deed of trust to secure an indebtedness in the amount shown below, Amount: $820,000.00 Dated: April 21, 2017 Trustor/Grantor Jacob's Real Estate investments, lnc., a California Corporation Trustee: Note Servicing Center, Inc., Beneficiary: Conventus LLC Loan No.: Not Shown Recording Date: May 2, 2017 Recording No.: 23637942, of Official Records 10. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the Public Records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents. 11. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof. 12. If the Land is located within the area affected by a Geographic Targeting Order issued by FinCEN (California counties of Los Angeles, San Diego, San Francisco, Santa Clara and San Mateo), the Company must be supplied with a completed ALTA Information Collection Form ("lCF"). END OF EXCEPTIONS CLTA Preliminary Report Form - Modified (11.17.06) Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc/Updatedi 08.31.17 6 CA-mSPS-1-17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 051 Note 1. Note 2. Note 3. Note 4. Note 5. Note 6. Title No.: FWPS-2984162094-RR Amenmnem:8 NOTES Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: Name(s) furnished: Shubhanjan Shekhar and Monadhika Sharma if these name(s) are incorrect, incomplete or misspelled, please notify the Company. Note: The Company is not aware of any matters which would cause it to decline to attach CLTA Endorsement Form 116 indicating that there is located on said Land a Single Family Residence, known as 3318 Granada Avenue, Santa Clara, California, to an Extended Coverage Loan Policy. Note: The only conveyances(s) affecting said Land, which recorded within 24 months of the date of this report, are as follows: Grantor: Robin Jigour, Successor Trustee of the Edward and Margaret Jigour Family Trust Dated December 14, 2002 Grantee: Pine Tree Investments, LLC, a New Jersey limited liability company Recording Date: May 13, 2016 Recording No.: 23304777, of Official Records. Grantor: Pine Tree investments, LLC, a New Jersey Limited Liability Company Grantee: Jacob's Real Estate Investments, lnc., a California Corporation Recording Date: May 2, 2017 Recording No.: 23637941, of Official Records if a county recorder, title insurance company, escrow company, real estate agent or association provides a copy of the declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold faced typed and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described. Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of an agent, an authorized employee of the insured lender, or by using Bancserv or other approved third-party service. if the above requirements cannot be met, please call the company at the number provided in this report. CLTA Preliminary Report Form - Modified (11,1706) Printed: 12,05,17 @ 12:57 PM by RR SCA0002402.doc / Updated: 0831 ,17 7 CA---SPS-1-17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 052 Title No.: FWPS-2984162094-RR Amendment: B NOTES (continued) Note 7. Your application for title insurance was placed by reference to only a street address or tax identification number. Based on our records, we believe that the legal description in this report covers the parcel(s) of Land that you requested. If the legal description is incorrect, the seller/borrower must notify the Company and/or the settlement company in order to prevent errors and to be certain that the correct parcel(s) of land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance. END OF NOTES CLTA Preliminary Report Form - Modified (11.17.06) Printed: 12.05.17 @ 1257 PM by RR SCA0002402doc/ Updated: 08.31.17 8 CA---~SPS~1~17-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 053 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: May 1, 2015; Last Updated: March 1, 2017 At Fidelity National Financial, |nc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver's license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your internet browser, computer and/or mobile device if you visit or use our websites or applications. How information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When information is Disclosed. We may disclose your information to our affiliates and/or nonaffiiiated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties‘ websites. international Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan sewicers. responsible for taking action or making changes to any consumer information submitted through those websites. The mortgage loan servicer is Your Consent To This Privacy Notice. By submitting information to us or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. if you desire to contact us regarding this notice or your information, please contact us at privacy@tnf.com or as directed at the end of this Privacy Notice. Privacy Statement SCA0002402doc / Updated: 08.31.17 Exhibits attached to Reply Decl. of Adam Santana Printed: 12.05.17 @1257 PM by RR CA-CT-FWPS-OZl80.054984vFWPS‘2984162094 Santana 054 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE Effective: May 1, 2015; Last Updated: March 1, 2017 Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan«related services (collectively, "FNF", "our" or ”we") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website“). 11995 of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: . contact information (6.9., name, address, phone number, email address); demographic information (9.9., date of birth, gender, marital status); social security number (SSN), driver's license, passport, and other government ID numbers; financial account information; and other personal information needed from you to provide title insurance, real estate- and loan-related services to you. 0 o o o Browsing Information. FNF may collect the following categories of Browsing Information: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language and type; domain name system requests; browsing history, such as time spent at a domain, time and date of your visit and number of clicks; http headers, application client and server banners; and operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: ~ applications or other forms we receive from you or your authorized representative; ~ the correspondence you and others send to us; . information we receive through the Website; . information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and ' information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: - Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. ~ Cookies. When you visit our Website, a "cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: ' To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. - To improve our products and services. - To communicate with you and to inform you about our, our affiliates' and third parties’ products and services, jointly or independently. Privacy Statement Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc / Updated: 08.31.17 CA-CT-FWPS~02180.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 055 When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information” to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: ~ to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; - to our affiliate financial service providers for their use to market their products or services to you; ' to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; - to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; . to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; . to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and ° other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: . comply with a legal process or applicable laws; - enforce this Privacy Notice; - investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or - protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: . for our everyday business purposes - to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; - for our own marketing purposes; - for joint marketing with financial companies; and - for our affiliates’ everyday business purposes - information about your transactions and experiences. Privacy Statement Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc / Updated: 08.31.17 CA-CT-FWPS-02180.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 056 You may choose to prevent FNF from disclosing or using your Personal information and/or Browsing information under the following circumstances ("opt-out"): ' for our affiliates' everyday business purposes - information about your creditworthiness; and - for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal information and Browsing information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non~affiliates for their direct marketing purposes. For California Residents: We will not share your Personal information and Browsing information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934~3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPiNFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal information and Browsing information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal information and Browsing information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. in addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Ogtside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. international Users FNF's headquarters is located within the United States. if you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal information and/or Browsing information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing FNF with your Personal information and/or Browsing information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet ("CCN"), FNF is acting as a third party service provider to a mortgage loan servicer. in those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: - first and last name; property address; user name and password; loan number; social security number - masked upon entry; email address; three security questions and answers; and o a o o o o o iP address. Privacy Statement Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.d0c / Updated: 08.31.17 CA-CT-FWPS-02180.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 057 The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your information" and "Access and Correction." if you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. _Y_ggr Consent To This Privacy Notice By submitting Personal Information and/or Browsing information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing_a_nd Correcting information; Contact Us if you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354 Privacy Statement Printed: 12.05.17 @ 12:57 PM by RR SCA0002402doc / Updated: 08.31 ,17 CA-CT-FWPS-OZi80.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 058 ATTACHMENT ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: i. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3, Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. Attachment One (05/06/16) Exhibits attached to Reply Decl. of Adam Santana Santana 059 ATTACHMENT ONE (CONTINUED) CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER‘S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys‘ fees, and expenses resulting from: 1 . Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: building; zoning; land use; improvements on the Land; land division; and . environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8a, 14, 15, 16, 18, 19, 20, 23 or 27. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28. Failure to pay value for Your Title. Lack of a right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waten/vays that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 21. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake or subsidence. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows: ' For Covered Risk 16, 18, 19 and 21, Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A are as follows: “nee-9?? Your Deductible Amount Our Maximum Dollar Limit of Liability Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A $ 10,000.00 or $2,500.00 (whichever is less) Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $5,000.00 (whichever is less) Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A $ 25,000.00 or $5,000.00 (whichever is less) Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A $ 5,000.00 or $2,500.00 (whichever is less) Attachment One (05/06/18) Exhibits attached to Reply Decl. of Adam Santana Santana 060 ATTACHMENT ONE (CONTINUED) 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys‘ fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transferfor any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE [Except as provided in Schedule B - Part Il,[ tlor T]his policy does not insure against loss or damage, and the Company will not pay costs. attorneys’ fees, or expenses that arise by reason of: [PARTI [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records] PART II ln addition to the matters set forth in Part | of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgagez] Attachment One (05/06/16) Exhibits attached to Reply Decl. of Adam Santana Santana 061 ATTACHMENT ONE (CONTINUED) 2006 ALTA OWNER’S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Detects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant .and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (0) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors‘ rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys‘ fees, or expenses that arise by reason of: [The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records] 7. [Variable exceptions such as taxes, easements, CC&R's, etc., shown here] Attachment One (05/06/16) Exhibits attached to Reply Decl. of Adam Santana Santana 062 ATTACHMENT ONE (CONTINUED) ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY - ASSESSMENTS PRIORITY (04-02-15) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys’ fees or expenses which arise by reason of: 1 . 2. 3. .U‘ (a) (b) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting. regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) lb) (0) (d) (6) created, suffered, assumed, or agreed to by the Insured Claimant; not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the insured Claimant became an insured under this policy; resulting in no loss or damage to the Insured Claimant; attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) (b) a fraudulent conveyance or fraudulent transfer, or a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. Attachment One (05/06/16) Exhibits attached to Reply Decl. of Adam Santana Santana 063 Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling. Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount. FNF Underwritten Title Companies Underwritten by FNF Underwriters CTC ~ Chicago Title Company CTiC -- Chicago Title Insurance Company CLTC - Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC - Fidelity National Title Company FNTlC - Fidelity National Title insurance Company FNTCCA - Fidelity National Title Company of California FNTlC - Fidelity National Title insurance Company TlCOR - Ticor Title Company of California CTIC - Chicago Title insurance Company LTC ~ Lawyer‘s Title Company CLTIC - Commonwealth Land Title insurance Company Available Discounts DISASTER LOANS (CTIC, CLTlC, FNTlC) The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be fifty percent (50%) of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTlC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender‘s policy shall be thirty-two percent (32%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected. Notice of Available Discounts Printed: 12.05.17 @ 12:57 PM by RR SCA0002402.doc / Updated: 08.31.17 CA-CT-FWPS-Ozt80.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 064 PRELIMINARY REPORT TOP SHEET Help us stay on top of your transaction! WILL ANY OF THE SITUATIONS AFFECT YOUR TRANSACTION? Are your principals exchanging this property? I] Yes [I No Will your principals be using a power of attorney? El Yes [I No Are any of the parties in title deceased? [I Yes [I No Has there been a change in marital status? El Yes II] No Will there be a new entity formed? CI Yes [I No ie., partnership or corporation. Are the sellers of this property non-residents of California? [:1 Yes El No If you answered "YES" to any of these questions, Please call your Escrow Officer. Do all parties signing document have valid photo l.D. or drivers license? I] Yes [I No If "No", mm is the time to apply for valid ID. This is a "Quick List", call your Escrow Officer if you have additional information that you think may be important, or if you have any questions. Thank you for choosing Chicago Title Company Preliminary Report Top Sheet Printed: 12.05.17 @ 12:57 PM by RR SCA0002381.doc / Updated: 01.12.12 Page 1 CA-CT-FWPS-02180.054984-FWPS-2984162094 Exhibits attached to Reply Decl. of Adam Santana Santana 065 33198 80> :0: 23w .Rn am .88 w a a 3.5 33.50 as 2&3 «fig .2 85 3880 mommm< i nw .m 8s5 xggg . .zfia ...\,\ fin ,8“d u 2 nmo\n\ / .25; a <1 , seq 4w? ~34, 2.x ma (in: J x K 3.2 :d 1 mm/ ... , «a , «a ..I . .\1 , mm w w / x a a. [pm m mm mm. mm _. z / H ..... n .21-; u a W w w .I @ 9 g N y, p; on 3. r i S ”0 VM. S N 1/Wi-uimOiH.-i W at. R I , S. r m, 43¢ 39 ,2 «S / gun a R gm i---..o.m.-.- m . :2 : 3E? 39:? wig w>< a; 22m . . awn $9 02 55:. a a a . _ BE 3% $3 ER _ 3R 3% 3% as / .zE. mme w" . m , R .4 R w R u S J.. 3.0m a. a N R 4. om _ /m< «3 .02 - L , ”.7 s “w e 63 x a d n m . n t W H IN .m Wm lilmwimirlk. El “.lwlnl._|. .l .i__l.,,,.l"mam. . W m _ i.._ cemyzsfiwa "WW ” m. m VN w DN A 0N & KN “ m _m mN _ mad? 0&6? i l n x . . c a H , . , , _ , .30 no. 2%,3 $m m a. L: 2 «f and: s g .m ‘ hum. , _. r .Li..L..:... i...ir...ir..alin.sk.l||.vw,mwu _ 8 .m mu also a, $34 $3 s » .... .25; x , a , mm 2 NE ... o lull?! 3 m2 _. m /z\ W n; 3 zfim J b 25% d 82. g u I: . mlum m m Wm o< 5.0 m m an Fu 9 6.. .lj - I w 8 no a u | l um MS“ a a .25“. a me x: -25“. .2 mg n m“ I slum ml 3m , we mm , “hm“. . 0 ”NW. N OQN Q a: 9. .. S a? E m ..- . 302 I m 4‘ m \ “5%“m 8 SR ggxafin mo: 50 , a, 3 R. R ER <.zmom_%w® ~>afiwaoo ._'2:oo mo wo.uuo joining streets, natural boundaries and other land, pressly modified by endorsement, if any, the Company the herein described Land in relation to ad e extent a policy of title insurance is ex does not insure dimensions, distances, location of easements, acreage or other matters shown thereon. he land depicted. Except to ta This map/plat is being furnished as an aid in locatin t and is not a survey 0 Santana 066 Exhi its attached to Reply Decl. of Adam Santana December 7, 2017, 11:23 am On Dec 7, 2017, at 1123 AM, AH ~ I’ve connected with Casey and she has sent overthe emails she had sentto Aimee. In sifting thru them the request forthe items below still remains and only Adam can assist. Piease do note that 3 and 4 are new requests and not part ofthe initiai requestworked on by Casey and Aimee. Casey~ thanks foryour calf and assistance. E’Eeese pwméde {he 11311 515; "'5” Mxm 1 {si‘xzzemmys fer: W ‘ W“. .‘wmém‘ z? N "7i: s _ we may ,. , ”H. :W HM , {Emmy inseam?“ fii w Venéw’m; $11.11} fh'éemgisaé @a «Time? €004.39 g> Cc: casey.serrano@ctt.com; ip@ipmoridi.com; kristin@eliteescrows.com; kahlawashington@titlegroup.fntg.com; almoridl@vahoo.com; Hollinger, John R. ; Sison, Aimee L. Subject: Re: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Hello everyone. Ian the only member at Jacobs real estate investments. As for the other 3 entities , I am not a member and do not have any affiliation with them lthink pine tree investments was the seller I bought the property firom Dry dog may have been associated with pine tree investments. Imay have seen their name as possfloly an investor or lender with pine tree. lam not one hundred percent sure. As for Amiroshen ventures ldo not recall who they are. As mentioned my company Jacobs real estate investments or myself do not have any affiliations with those entities and I wouldn't know how to obtain a list of all of their members. Hopefully that helps but That's all I know. Thanks. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax www. SJList in g3". co in Exhibits attached to Reply Decl. of Adam Santana Santana 068 December 7, 2017, 2:25 pm On Dec 7, 2017, at 225 PM, <(‘)baid.MohermmdM)wellsfereo.com> <0 bald . Mo hemmed it)? we I 13 famoco m> wrote: Thank you Adam. The Articles of incorporation will be needed from each (Amirosehan and Dry Dog). Without it there will be no movementon closing. Would you kindly reach out to the previous seller and request fortheirhelp. This isa unique situation where the Chain oftitle was held by corporations (multiple) priorto ratifying a contract with the current buyers. in order to remain compliant pursuantto guidelines and regulations, we need your assistance in addressing thig need. Please keep us posted as there can be no movement on the transaction without the Articlesfrom each entity. Both Aimee and i have done a search online to find something...anything...thatcan address who the members are for each ofthose entitles. We’ve found nothing. Obaid Mohammadi Home Mortgage Consultant NMLSR ID 482428 Welis Fargo Home Mortgage 3 1277 Treat Bivd., Ste. 150 5 Walnut Creek, CA 94597 MAC: A0320w0’i1 Tel 925«287~6905 i Cell 92S-457»6994l Fax 8773822398 obaid.mohammedi©wellsfaroo.com | htto://www,wfhm.com/obaid~mohammadi Exhibits attached to Reply Decl. of Adam Santana Santana 069 December 7, 2017, 2:59 pm From: Adam Santana [mailto:AdamSantanare@aol.com] Sent: Thursday, December7, 2017 2:59 PM To: Mohammadi, Obaid Cc: casey.serrano@ctticom; tp@jpmorldi.com; kristin@elltaescrows.com; kahlawashington@titlegroup.fntg.com; almoridi@vahoo.com; Hollinger, John R. ; Sison, Aimee L. Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Ican't just simply contact those other entities. Did you get my last e mail? I dont even know who some of those entities are. Idon‘t have any contact info for those other entities. When I purchased the home Iwas represented by a buyers agent and the sellers were represented by a diiferent listing agent. Please keep in mind it is not common for the buyers and sellers to contact each other in real estate transactions and it is not a guarantee that they have each other’s contact info. Ihave asked my previous buyers agent for the sellers contact info and she doesn't have it. All of the information in tenns of the chain of ownership has been public record prior to the current buyers making an offer on the property. All of this should've been handled a long time ago. I'm not sure why all of this is being addressed only a few business days before closing. lhave given you as much info as I have and cooperated as much as possflale. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 (408)531-1111 Direct (888)832-6905 Fax www. Slluiist in IS. on m Exhibits attached to Reply Decl. of Adam Santana Santana 070 December 7, 2017, 3:04 pm From: Jp Morldi [maiItoz‘lQQigmorldicom] Sent: Thursday, December7, 2017 3:04 PM To: Adam Santana Cc: Mohammadi, Obaid ; casev.serrano@ctt.com; kristin@eliteescrowscom; kahla.washington@tltlegroup.fntg.com; almoridi@yahoo.com; Hollinger, John R. ;Slson, Aimee L. Subject: Re: ePre Escrow/ Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Obaid, Ibelieve Adam purchased this home in May 2017 from Pine Tree is what the county shows. I don’t get why the underwriter needs docs from the previous owner. There has to be something we can do about this it doesn’t make any sense....let’s try and find a resolution If I can also escalate this to a manager/vp please let me know. We do a lot of deals and I have never seen or heard of anything like this. JP Moridi Realtor® THE MORIDI TEAM TOP 1% Worldwide Over 1,200 Homes Sold! BRE# 01935071 in. rmridicom WeChat: jpmoridi 540824096249 Intero Real Estate Services Schedule A MeetinO With Me “Reminder." email is not secure or confidential. Intero Real Estate Services will never request that you send funds or nonpublic personal information, such as credit card or debit card numbers or bank account and/or routing numbers, by email. Ifyou receive an email message concerning any transaction involving Intero Real Estate Services and the email requests that you send funds or provide nonpublic personal information, do not respond to the email and immediately contact Intero Real Estate Services To notify Intero Real Estate Services of suspected email fraud, contact: Intero Client Services at 866 334 M and/orclientservicesv’a‘)interorealestate. com. ” Exhibits attached to Reply Decl. of Adam Santana Santana 071 December 7, 2017, 3:08 pm From: Date: December 7, 2017 at 320822 PM PST To: Cc: , , elitee serows.com>, , , , Subject: RE: ePre Escrow / Title FMS-2984162094 - 3318 Granada Avenue, Santa Clara Adam«~ We read each word ofeach email sent. I’m simply relayingthe information and understand your challenge. lagree withyourposition. Howeverthe challengestillremains. Have you attempted to reach out to those otherentities? lwill work with my manager to see ifthere's any otherpath. But at this point the request is to obtain the Articles from the otherentlties. Obaid Mohammadéi How Mortgage Banguilarn NMLSR ID 482428 Wells Fargo Home Mortgage MAC ADSIZMH $277 Them Blvd” Ste. 150 Walnut Creek, CA 84597 Tel : 935~237fi$05 F ax: B??-382~2393 Cell: 925.45%5894 obaid,mhammadl@vma§argo.m mmmwhm owomm htttshmiww:ids WWr w’fi go far Sew? delaila to addieos book Obaid Mohammadi Home Mortgage Consultant NMLSR ID 482428 WellS Fargo Home Mortgage 1 1277 Treat: Blvd, Ste. 130 l Walnut: Creek, CA 94597 MAC AO320~011 Tel 925m287~6905 l Call 92S~4S7m6994l Fax 877~382-2398 Exhibits attached to Reply Decl. of Adam Santana Santana 072 December 7, 2017, 3:09 pm On Dec 7, 2017, at 3:09 PM, <0baid.l\/lohammadiz2}ilwollsfargoeom> <0 baid, Mohammad i/iflwe 1 Is famoco m> wrote: JP -- l agree with you and Adam. My managerlohn Holllngerhas been copied in this entire thread and he’s tryingto advocate fora solution as well. Obaid Mohammadi Home Mortgage Consultant NMLSR ID 482428 Wellg Fargo Home Mortgage; 1277 Treat Blvd, Ste 150 l Walnut Creek, CA {94597 MAC A0320.,,011 Tel 9292876905 E Call 925w457~6994 1 Fax 877>382v2398 obaid.mohammadi©wellsfaroo.com [ htto://www.wfhm.com/obald~mohammadi Exhibits attached to Reply Decl. of Adam Santana Santana 073 December 7, 2017, 3:11 pm From: Jp Moridi <3ptu>1[gmofidi.eom> Date: December 7, 2017 at 3:11:09 PM PST To: (")hald. Mohammad it2i>wcl ls far coco m Cc: Adam‘iantanare/Zbaol.com, casev.serranotthcttcom, kristin/aileliteescrows.com, kahla. washingto nth} title are up. l‘nt goo m, almond ltd) vahoo .co m, JolmRHollingertd) we llslargzoco m, AIMEELSISON (dwells largocom Subject: Re: ePre Escrow /Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara I just don’t mderstand how they are asking for articles for a corporation that sold this home to the current seller. JP Moridi Realtor® THE MORIDI TEAM TOP 1% Worldwide Over 1,200 Homes Sold! BRE# 01935071 ipmoridieo'm WeChat: jpmoridi 3408 2409- 3249 Intero Real Estate Services Schedule A Meeting: With Me “Reminder: email is not secure or confidential. Intero Real Estate Services will never request that you send funds or nonpublic personal information, such as credit card or debit card numbers or bank account and/or routing numbers, by email. If you receive an email message concerning any transaction involving Intero Real Estate Services and the email requests that you send funds or provide nonpublic personal information, do not respond to the email and immediately contact Intero Real Estate Services To notify Intero Real Estate Services of suspected email fraud, contact: Intero Client Services at 866 534 gig and/orclientserv ices@interorealestate. com. ” Exhibits attached to Reply Decl. of Adam Santana Santana 074 December 7, 2017, 3:16 pm ----Original Message-~- From: ObaidMohammadi To: in Cc: AdamSantanare ; casey.serrano ; kristin ; kahla.washington ; almoridi ; John.R.Hollinger ; AIMEE.L.SlSON Sent: Thu, Dec 7, 2017 3:16 pm Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara The concern lsthat our buyers were related to the previous seller. Typicallythere isn’t an investor/corporation buying and sellingto anothercorporation. The chain oftitle must Show to the regulators that our buyerhad an arm’s length distance to the transaction. The Articles oflncorporatien are the only pieces ofdocuments that confirm this fact. Now, in my legic...which not hold much water..., We posited thatit’s illogical foran inveetorte sell low to only buy back high. Even ifthese buyers were related to Dry Dog and Amirosehan,why would they sell low and then purchase it back renovated ator above market rate...while the listing sat fordays on the market. itjustdoesn’t reason for me. Hang in there everyone. I’m advocating for another solution, butAdam, we need to show that at least you’ve attempt to reach the otherseller. The underwriteris not against us but rathertryingto remain compliant, and helping us close this transaction atthe same time. Sham Mohammad? Home mrtgage Consuttem WLS Ft ID were; Wells Fame Mme Madman MAC M13204)“ 13277 Treat em, Ste. 150 Wehut Creek. CA we? Tel19Q528t-6905 Fax: err-raae'zeee Gail: WNWW obeifimohamatfitfizrwetimrgamm were: u» ,_ l , rmi we: \7 2: “tea Twether we‘ii age fer '13:]; Save eetaite re enemies been Obaid Mohammadi Home Mortgage Consultant NMLSR ID 482428 Exhibits attached to Reply Decl. of Adam Santana Santana O75 December 7, 2017, 5:31 pm From: Adam Santana Date: Thursday, Dec 07, 2017, 5:31 PM To: Mohammadi, Obaid , ipdfiipmoridieom Cc: casey.serranofrbcttcom , kristinfileliteescrows.com , kahla. washinm’onfri}:titlegroup.l‘ntg.com , Sison, Aimee L. wellsfargo,com> Subject: Re: ePre Escrow /Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara lam not sure if we are haw'ng miscommunications here but per my laste mail, i don't have those entities contact info or any way to get a hold of them. Once again i have already asked the buyers agent who represented me for the sellers contact info and she doesn't have it. I don‘t know of any other way to get a hold of those entities. Not really sure what you want me to do, but it seems as though there has been multiple miscommunications today. Adam Santana Broker Santana Realty 560 8. Winchester Blvd #500 San Jose, Ca. 95128 408.531.1111 cell 888.832.6905 fax www.8JListings.com California Dept. of Real Estate #01254750 Licensed since 1999 Exhibits attached to Reply Decl. of Adam Santana Santana 076 December 8, 2017, 11:43 am From: <0 baid .Moiiamimd i/Ziiwe lis litreoco m> Date: December 8, 2017 at 11:43:52 AM PST To: , Cc: , , , , wellsléireocomz Subject: RE: ePre Escrow / Title FWPS-2984162094 - 3318 Granada Avenue, Santa Clara Helloall. in speaking with the underwriting managertoday, the two entities which held liens cannot be ignored from a risk perspective. Please know that this is a guideiine and regulatory risk requirement. However the entire team has rallied around finding a solution. Our underwriting manageris utilizinganother group within the organization that could help access pubiicly recorded documents regardingthe two entities, i.e. Articles of incorporation Hopefully we can address the need with that resource. i too am surprised thatthese entities weren't addressed earlier, and have no expianation otherthan it was missed. l’m not sure what! could’ve done to avoid it, but offermy apology. We are working on addressing the entities internaliy and have acknowledged that Adam has exhausted all options on his end to track down the two entities. ETA? ldon't know. I have asked and have been told that as soon the documents have been tracked down regardingthe entities, then we can clearthe ioanfor closing. ldon’tthinkwe’ll have a response today... ltit’seasierto taikthru this (Adam andiP), let’s please seta time tojump on a call. iwiii send a note to the buyers shortly afterthis note, Exhibits attached to Reply Decl. of Adam Santana Santana 077 December 9, 2017, 11:29 am fwd; Remy gig}, Remy £323! £n Pam‘s/5rd 31815 HQJNE” 11:29: AM AS Mime Samam Rug/erg Saar: update T23 $1:ggmwzmfiaama C2: Ka'étgtssz er‘iameéag n: 3. 36 E23: 2225$€ty.$Ef‘”§“&§”i?3?:@*ii'1.Cfinm % DemandMCIQEeMEMm-jWimtfifiWpdf W A 122% KB: Untitled attachment W333i“ Em j 38%? hffiae Hi JP can yen give us an update on the buyers 10ml? Attached is a cfemand to chase eecmw. it appem the Iendem might nut be able to get the buyers the loan. Can you have the buyers achmwiedge this ancf email it 13212:t us? Thanks Exhibits attached to Reply Decl. of Adam Santana Santana 078 December 9, 2017, 3:39 pm On 9 December2017 at 15:39, Adam Santana wrote: I am not placingthe buyers in an impossible position to closelll?!?!?THE BUYERS wrote a non contingent offerwith a short close ofescrow time frame. l have been very cooperativethusfar. l have enjoyed working witt and I know he is a great realtor and a nice guy. There have been many miscommunications that l have seen from obaid with various parties. PerObaids previous emails, obaid can try and pointfingers butthe truth is that Wells Fargo has been too strict in lettingthe borrowers borrow the money. That’s been the real problem. Atthis point I have performed on my end of the contract and have been very cooperative so the buyers can gettheir loan in time. Also l don’t even think i have been required to be as cooperative as l have been but did it anyways. Some ofyourrequests in the loan processing have been peculiarand time consuming. Being concerned that the current buyer was somehow the sellerwho sold my companythe property. This buyerwould be buying it ata much higher price. ldon’t really see the logictothat but those are Wells Fargo’s regulations. l have signed my final closing docs and performed everything on my end. I was notified earlierthat my fatherpassed away today. My responses may be delayed but I have and will continue to oblige by the contract. Thanks. Adam Santana Broker Santana Realty 111 North Market St Suite 300 San Jose Ca. 95113 {40825314111 Direct 588828326905 Fax www.8JListings.com Exhibits attached to Reply Decl. of Adam Santana Santana 079 December 9, 2017, 5:04 pm From: Mona S Date: December9, 2017 at 5:04:05 PM PST To: Adam Santana Cc: lp Moridi , Shubhanjan Shekhar Subject: Re: Granada Demand Removing Obaid from this thread. Hi Adam We are very sorry for your loss. My father passed away recently too and I can hope to understand your pain in this moment. Our prayers are with you and I hope God gives you the strength to face this hardship. A little something aboutShubhanjan and me: We both come from very humble beginnings back in India. We have worked very hard to be where we are today. We have lived frugallyforyears in run down apartments to be able to afford to buy in this crazy market of Bay Area. We have already shared the pictures ofthe house with ourfamily back in india and they look forward to living here with us. We too have been frustrated with Wells Fargo due to their unreasonable unheard of demands and we had not anticipated this delay with nofaulton ourside. We have a good credit and finances - and due to the confidence in ourfinancial profile we had waived all contingencies with a quick close. it was unfortunate that we lost many business days due to Thanksgiving holiday season. We we re informed very late about this paperwork demand from Wells Fargo else we would have started soonerwith a back up option. We are trying our bestto make the deadline and are workingdiligently on procuring funds from friends and family to pay escrow as soon as possible. i sincerely pray thatthis deal gives you good auspicious money that you can then use to further prosperyour business with ourgood wishes. Hope to close this deal with you Sincerely Monadhika&$hubhanian Exhibits attached to Reply Decl. of Adam Santana Santana 080 54 am 0c December 9, 2017, 11 WWW A $29. Santana 081 Exhlb ts attached to Reply Decl. of Adam Santana December 20, 2017, 1:57 pm From: NoahGereboff Date: DecemberZO, 2017 at 1:57:57 PM PST To: adamsantanareal.com Cc: GranadaAve33182@skyslope.com Subject: OFFER FOR: 3318 Granada Avenue, Santa Clara 95051 Ada m, ltwas greattaiking with you on the phone ea rlier! Attached is an offer for our clients Zhenghao and Yang. Wearecomingin non~contingent at$1,470,000 with a 26 day close. Included also isthei rproof offunds, pre-a pproval letter, and signed disclosures. Please review with your clients andlet us know ifyou haveany questions. Thank you for your considerationand glease confirm receipt. PS: signed disclosures to fol lowin separate email. Best, Reali Expert Wit tiitii; Qtfittittt‘? t (818)577-7187 +noah@reali.com Nee ii {fie re heft 0®00 (60H Exhibits attached to Reply Deal. of Adam Santana Santana 082 Exhibit 2 Exhibits attached to Reply Deal. of Adam Santana Santana 083 DocuSIgn Envelope ID: A434DC3C-CB75-4BOI- 8-44211886A65C . i (J: A L t r: t.) R. N I A CONTINGENCY REMOVAL No. 1 ‘ A S S () C I A T I C) N (C.A.R. Form CR, Revised, 5/15) V or: REALTORS” In accordance with the terms and conditions of thezfl Residential Purchase Agreement (C.A.R. Form RPA-CA),[:] Request For Repair (C.A.R. Form RR), D Response And Reply To Request For Repair (C.A.R. Form RRRR) orD Other ("Agreement"), dated 11/17/2017 , on property known as 3318 Granada Ave, Santa Clara, CA 95051 ("Property"), between Shubhanjan Shekhar, Monadhika Sharma ("Buyer") and ("Seller“). l. BUYER REMOVAL OF BUYER CONTINGENCIES: 1. With respect to any contingency and cancellation right that Buyer removes, unless otherwise specified in a separate written agreement between Buyer and Seller, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations and review of reports and other applicable information and disclosures; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and, expense, if any, for Repairs, corrections, or for the inability to obtain financing. Waiver of statutory disclosures is prohibited by law. 2. Buyer removes those contingencies specified below. A. ONLY the following individually checked Buyer contingencies are removed: . [:l Loan (Paragraph 3.)) Appraisal (Paragraph 3i) Buyer's Physical Inspection (Paragraph 12) All Buyer Investigations other than a physical inspection (Paragraph 12) Condominium/Planned Development (HOA or CA) Disclosures (Paragraph 10F) BReports/Disclosures (Paragraphs 7 and 10) Title: Preliminary Report (Paragraph 13) Sale of Buyer's Property (Paragraph 48) Review of documentation for leased or Iiened items (Paragraph 8B(5) 10. Other: 11. Other: OR B. D ALL Buyer contingencies are removed, EXCEPT: E] Loan Contingency (Paragraph 3.)); E] Appraisal Contingency (Paragraph 3|);DContingency for the Sale of Buyer's Property (Paragraph 4B);I:ICondominium/Planned Development HOA) Disclosures (Paragraph 10F); [:1 Other OR C. BUYER HEREBY REMOVES ANY AND ALL BUYER CONTINGENClES. 3. Once all contingencies are removed, whether or not Buyer has satisfied him/herself regarding all contingencies or received any information relating to those contingencies, Buyer may not be entitled to a return of Buyer's deposit if Buyer does not close escrow. This could happen even if, for example, Buyer does not approve of some aspect of the Property or lender does not approve Buyer's loan. @@N@¢PVN‘ NOTE: Paragraph numbers refer to the California Residential Purchase Agreement (C.A.R. Form RPA-CA). Applicable paragraph numbers fqracesacgbpontingency or contractual action in other C.A.R. contracts are found in Contract Paragraph Matrix (C.A.R. Form CPM). . Buyer gWW 8W 11/17/2017 Date W “““““ ‘Dfififififi‘ Shekhar Buyer j???" 11/17/2017 Date dflawmswéharma II. SELLER REMOVAL OF SELLER CONTINGENCIES: Seller hereby removes the following Seller contingencies: Finding of replacement property (C.A.R. Form SPRP);I:ICIosing on replacement property (C.A.R. Form SPRP) Other _ , 7 "/7 / ,, 11 17 2017 Seller rim... {Klimt it __ _ Date m___ Seller Date ( / ) (Initials) CONFIRMATION OF RECEIPT: A copy of this signed Contingency Removal was personally received by Buyer I] Seller or authorized agent on (date), at D AM ID PM. © 2003-2016, California Association of REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. 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. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. n Published and Distributed by: E REAL ESTATE BUSINESS SERVICES, INC. 9 a subsidiary of the California Association of REALTORS® s .525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date CR REVISED 6/16 (PAGE 1 OF 1) EQUAL HOUSING CONTINGENCY REMOVAL (CR PAGE 1 OF 1) “WORM“ Intern Real Estate Services 10275 N. De Anza Blvd Cuperlino, CA 95014 Phone: (408)896-9700 Fax (408)549-9902 3318 Granada A Pooya Muridi Produced with zipForm® by zipLogtx 18070 Fifteen Mile Road, Fraser, Michigan 48026 W Exhibits attached to Reply Decl. of Adam Santana Santana 084 Exhibit 3 Exhibits attached to Reply Decl. of Adam Santana Santana 085 DocuSign Envelope lD: DSSEEFDO-CBO8-4B7’o‘Bv64COE5E43CCE . O F I, E A 1,. 0 I, S AND JOINT ESCROW INSTRUCTIONS { CJALiFC)RNiA at A g g Q g; 1 A T (0 N RESIDENTIAL PURCHASE AGREEMENT ‘v (C.A.R. Form RPA-CA, Revised 12/15 ) Date Prepared: 11/17/2017 1. OFFER: A. THIS IS AN OFFER FROM Shubhanjan Shekhar, Monadhika Sharma (“Buyer"). B. THE REAL PROPERTY to be acquired is 3318 Granada Ave, Santa Clara, CA 95051 , situated in Santa Clara (City), Santa Clara (County), California, 95051 (Zip Code), Assessor's Parcel No. 290-02-077 (“Property"). C. THE PURCHASE PRICE offered is One Million, Three Hundred Thousand Dollars $ 1 300,000.00 . D. CLOSE OF ESCROW shall occur orU (date)(or® 25 Days After Acceptance). E. 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 E‘Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Santana Realty (Print Firm Name) is the agent of (check one): 1)] the Seller exclusively; or L) both the Buyer and Seller. Selling Agent lntero Real Estate Services (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check ondgfl the Buyer exclusively; dthe Seller exclusively; 0);) both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a E “Possible Representation of More than One Buyer or Seller ~ Disclosure and Consent” (C.A.R. Form PRBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. OR INITIAL DEPOSIT: Deposit shall be in the amount Of ............................................. $ 39,000.00 (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, [I cashier's check,D personal check,[:}other within 3 business days after Acceptance (or 1 business day ); (2) [3 Buyer Deposit with Agent: Buyer has given the deposit by personal check (or to the agent submitting the offer (or to ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ). Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker’s trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of. .. . $ __ W within __ Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increase deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R. Form RID) at the time the increased deposit is delivered to Escrow Holder. C. [1 ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this Offer or Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of .......................................................... $ 930,000.00 This loan wili be conventional financing orDFHA, DVA, DSeller financing (C.A.R. Form SFA). Dassumed financing (C.A.R. Form AFA), D Other . This loan shall be at a fixed rate not to exceed % or, [:J an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) [ISECOND LOAN in the amount Of ....................................................... s This loan will be conventional financing orD Seller financing (C.A.R. Form SFA), Dassumed financing (C.A.R. Form AFA), DOther . This loan shall be at a fixed rate not to exceed % or, D an adjustable rate loan with initial rate not to exceed “/0. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHANA: For any FHA or VA loan specified in 30(1), Buyer has 17 (or ) Days After Acceptance to Deliver to Seller written notice (C.A.R. 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 requirements unless agreed in writing. A FHA/VA amendatory clause (C.A.R. Form FVAC) shall be a part of this Agreement. E. ADDITIONAL FINANCING TERMS: F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of ........................... $ 331,000.00 to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL): .............................................................. $ 1,300,000.00 SS Buyer‘s Initials ( [W ,7 , _, ) ( [MS ,, ) Seller's Initials ( , {égfl ) ( W) © 1991-2015, California Association of REALTORS®, Inc. RPA-CA REVISED 12/15 (PAGE 1 OF 10) Egiiéwiiiiii“ CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 1 OF 10) lntero Real Estate Services 10275 N. De Anza Blvd Cupertino. CA 95014 Phone: (408)896~9700 Fax (408)549-9902 33I8 Granada A Pooya Moridi Produced with ZipForm® by zipLon 18070 Fifteen Mite Road, Fraser, Michigan 48026 ‘ Exhibits attached to Reply Decl. of Adam Santana Santana 086 DocuSign Envelope ID: D56EEFDO-CBOB-4B75-QB~64COE5E4BCCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer’s lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or___) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. (EVerification attached.) APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (org is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified In paragraph 148(3), in writing, remove the appraisal contingency or cancel this Agreement within 17 (orw) Days After Acceptance. LOAN TERMS: (1) LOAN APPLICATIONS: VWthin 3 (or___) Days After Acceptance, Buyer shall Deliverto Seller a letterfrom Buyer‘s lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. ([2] Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or ___) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. , (4) [2] NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. 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, for closing or other costs that is agreed to by the Parties (“Contractual Credit") shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender (“Lender Allowable Credit”) is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. BUYER STATED FINANCING: Seller is relying on Buyer's representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non-contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer‘s covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer‘s ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. DThis Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified 5. in the attached addendum (CAR. Form COP). ADDENDA AND ADVISORIES: A. ADDENDA: 7 Addendum # (CAR. Form ADM) __ Back Up Offer Addendum (CAR. Form BUO) Court Confirmation Addendum (CAR. Form CCA) Septic, Well and Property Monument Addendum (CAR. Form SWPI) _. Short Sale Addendum (CAR. Form SSA) Li Other B. B JYER AND SELLER ADVISORIES: - Buyer's Inspection Advisory (CAR. Form BIA) Probate Advisory (CAR. Form PA) Statewide Buyer and Seller Advisory (CAR. Form SBSA) Trust Advisory (CAR. Form TA) REO Advisory (CAR. Form REO) Short Sale Information and Advisory (CAR. Form SSIA) Other OTHER TERMS: ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service (“Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) |:] Buyer [2] Seller shall pay for a natural hazard zone disclosure report, including taxi] environmental C] Other: prepared by Click here to select your Service Provider (2) Buyer Seller shall pay for the following Report repared b (3) Buyer Seller shall pay for the following Report prepared by Buyer‘s Initials l L . ) ( C5 ) Seller‘s Initials ( ‘qif ) ( ) RPA-CA REVISED 12/15 (PAGE 2 CF10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 10) aggssgwgc Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 087 DocuSign Envelope lD: D56EEFDO-CBOB-4B75~8g64COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) [:1 Buyer E Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow (“COE”), Seller shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless Seller is exempt. (2) (i) E] Buyer D Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if re uired as a condition of closing escrow under any Law. (ii) Buyer D Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or point~of~sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. C. ESCROW AND TITLE: (1) (a) E] Buyer E Seller shall pay escrow fee (b) Escrow Holder shall be Sellers Choice (0) The Parties shall, within 5 (orw) Days After receipt, sign and return Escrow Holder's general provisiOns. (2) (a) El BuyerbZ] Seller shall pay for owner's title insurance policy specified in paragraph 13E (b) Owner‘s title policy to be issued by Sellers Choice (Buyer shall pay for any title insurance policy insuring Buyer's lender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) (1 Buyer (2] Seller shall pay County transfer tax or fee (2) Buyer Seller shall pay City transfer tax or fee (3) Buyer Seller shall pay Homeowners’ Association (“HOA") transfer fee (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code §4525. (5) E] Buyer El Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (6) Buyer to all for any HOA certification fee. (7) [3 Buyer Seller shall pay for any private transfer fee (8) Buyer Seller shall pay for (9) Buyer Seller shall pay for . (10)[] Buyer Seller shall pay for the cost, not to exceed 85 515.00 , of a standard (orlZl upgraded) one-year home warranty plan, issued by Fidelity National Home Warranty , with the following optional coverages: E Air Conditioner [:l Pool/Spa El Other: . Buyer is informed that home warranty plans have many optional coverages in addition to those listed above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer. ORE] Buyer waives the purchase of a home warranty plan. Nothing in this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement. 8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B or C. B. ITEMS INCLUDED IN SALE: Except as othenrvise specified or disclosed, (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace 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 coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in-ground landscaping, trees/shrubs,water features and fountains, water softeners, water purifiers, security systems/alarms and the following if checked: all stove(s), except ; [flail refrigerator(s) except ; all washer(s) and dryer(s), except ‘ (3) The following additional items: . (4) Existing integrated phone and home automation systems, including necessary components such as intranet and Internet- connected hardware or devices, control units (other than non-dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are (D are NOT) included in the sale. (5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer if any item or system specified in paragraph BB or otherwise included in the sale is leased, or not owned by Seller, or specifically 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 Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 148 and C. (6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 88(5) and mm , and (ii) are transferred without Seller warranty regardless of value. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: (i) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured to the Property for earthquake purposes; and (iii) . Brackets attached to walls, floors or ceilings for any such component, furniture ~ghe Property (oil will be removed and holes or other damage she? repaired, but not painted). , . ) ( or item hgll remain Buyer‘s lnitials( 7 ,, ) ( ,1, ,7: ) Seller's lnitials( _, ,, Q; ) RPA-CA REVISED 12/15 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 10) 6333;339:3345 Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 088 DocuSign Envelope ID: D56EEFDO-CBOB-4B75QB~64COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 9. CLOSING AND POSSESSION: A. Buyer intends (or Ddoes not intend) to occupy the Property as Buyer‘s primary residence. B. Seller-occupied or vacant property: Possession shall be delivered to Buyer (i) at 6 PM or ( DAM/D PM) on the date of Close Of Escrow;( (ii) )C] no later than__ calendar days after Close Of Escrow or (HID at __I:] AM/ PM on C. Seller remaining in possession After Close Of Escrow. If Seller has the right to remain in possession after Close Of Escrow (i) the Parties are advised to sign a separate occupancy agreement such asD C. A. R. Form SIP, for Seller continued occupancy of less than 30 days, DC. A. R. Form RLAS for Seller continued occupancy of 30 days or more, and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller‘s occupancy on Buyers loan. D. Tenant-occupied property: Property shall be vacant at least 5 (or___ ) 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 applicable Law, ou may be in breach of this Agreement. OR Tenant to remain in possession (CAR. Form TIP). E. At Close Of Escrow: Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliverto Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes and/or means to operate all looks, mailboxes, security systems, alarms, home automation systems and intranet and Internet-connected devices included in the purchase 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 (“HOA”) 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 specified in paragraph 14A, Deliver to Buyer: (i) if required by Law, a fully completed: Federal Lead- Based Paint Disclosures (C A. R Form FLD) and pamphlet (“Lead Disclosures") ,and (ii) unless exempt, fully completed disclosures or notices required by sections 1102 et. seq. and 1103 et. seq. of the Civil Code (“Statutory Disclosures”). Statutory Disclosures include. but are not limited to, a Real Estate Transfer Disclosure Statement (“TDS”), Natural Hazard Disclosure Statement (“NHD”), notice or actual knowledge of release of illegal controlled substance, notice of special tax and/or assessments (or, if allowed, substantially equivalent notice regarding the Mello-Roos 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 ESD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Listing Agent, if any. has completed and signed the Listing Broker section(s), or, if applicable, an Agent Visual Inspection Disclosure (CAR. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any, from the obligation to (i) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value 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: Waiver of Statutory and Lead Disclosures is prohibited by Law. (4) Within the time specified in paragraph 14A, (i) Seller, unless exempt from the obligation to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (CAR. Form SPQ); (ii) if Seller is not required to provide a TDS, Seller shall complete and provide Buyer with an Exempt Seller Disclosure (CAR. Form ESD). (5) Buyer shall, within the time specified in paragraph 148(1), return Signed Copies of the Statutory, Lead and other disclosures to Seller. (6) In the event Seller or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items, However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are disclosed In reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1) or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller’s agent. B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet, and home energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: VWthin the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliverto Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (CAR. Form AS or OS). D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check 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 expertise in this area.) E. 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) Internet Web site maintained by the United States Department of Transportation at http:l/www.npms.phmsa.dot.gov/. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or_) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a planned evelopment or rcommon interest subdivision (CAR. Form SPQ or ESD). s3. ((5 . . (/ Buyers Initials ( ........ ) ( z ........ ) Seller‘s Initials ( {I ) ( I mmmm RPA-CA REVISED 12/15 (PAGE 4 OF 10) Damn... CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 10) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser Michigan 48026 Wm 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 089 DocuSign Envelope ID: D56EEFDO-CBOB-4B7SQB-S4COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or___) Days After Acceptance to request from the HOA (CAR. Form HOA1): (i) Copies of any documents required by Law; (ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, “Cl Disclosures"). (vi) private transfer fees; (vii) Pet fee restrictions; and (viii) smoking restrictions. Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 143(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 11. CONDITION OF PROPERTY:UnIess othenNise agreed in writing: (i) the Property is sold (a) “AS-IS” in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property. including pool, spa, landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (iii) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. B. C. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. Buyer has the right to conduct Buyer Investigations of the Property and, as specified in paragraph 148, based upon information discovered in those investigations: (i) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property improvements may not be built according to code, in compliance with current Law, or have had permits issued. 12. BUYER'S INVESTIGATION OF PROPERTY AND MATTERS AFFECTING PROPERTY: A. Buyer‘s acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as Specified in this paragraph and paragraph 143. Within the time specified in paragraph 148(1), Buyer shall have the right, at Buyer's expense unless othen/vise agreed, to conduct inspections, investigations, tests, surveys and other studies (“Buyer Investigations"), including, but not limited to: (i) a general physical inspection; (ii) an inspection specifically 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 structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property 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 findings 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 2); (iii) inspect for lead-based paint and other lead-based paint hazards; (iv) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (C.A.R. Form BIA); (v) review the registered sex offender database; (vi) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; and (vii) review and seek approval of leases that may need to be assumed by Buyer. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report; or inspections by any governmental building or zoning inspector or government employee, unless required by Law. . Seller shall make the Property available for all Buyer Investigations. Buyer shall (i) as specified in paragraph 148, complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (ii) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. Buyer indemnity and seller protection for entry upon property: Buyer shall: (i) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (iii) indemnify 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 applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer‘s direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a “Notice of Non-Responsibility" (CAR. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer’s obligations under this paragrapshall survive the termination of this Agreement. 13. TITLE AND VESTING: A. Buyer's lnitials( l”, ,7 , ., ) RPA-CA REVISED 12/15 (PAGE 5 OF 10) Within the time specified in paragraph 14, Buyer shall be provided a current preliminarytitle report (“Preliminary Report”). The Preliminary Report is only an offer by the title insurerto issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 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 acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (if) those matters which Seller has agreed to remove in writing. Within the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. ‘Qfl/ I ( ___) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 10) Eggsgmfizs Produced wrth zrpForm® by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 W 3318 Granada A ~-os SS Seller's Initials ( Exhibits attached to Reply Decl. of Adam Santana Santana O90 DocuSign Envelope iD: 056EEFDO-CBO8-4B75~8’64COE5E4SCCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 E. Buyer shall receivea CLTA/ALTA“Homeowner'sPolicy of Title lnsurance”,if applicableto the type of propertyand buyer, if not, Escrow Holder shall notify Buyer. A title company can provide infomiationaboutthe availability,coverage, and cost of othertitle policies and endorsements.” the Homeowner’s Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing and shall pay any increase in cost. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and in writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or__) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 88(5), 10A, 8, C, and F, 11A and 13A. if, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seller to Perform (C.A.R. Form NSP) may cancel this Agreement. 8. (1) BUYER HAS: 17 (or_0_) Days After Acceptance, unless otherwise agreed in writing, to: (i) complete all Buyer investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 88(5), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliverto Seller Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seilein accordance with paragraph 10A. (2) Within the time specified 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 or respond to (C.A.R. Form RRRR) Buyer‘s requests. (3) By the end of the time specified in paragraph 148(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (C.A.R. 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 specified in paragraph 14A, then Buyer has 5 (or___) Days After Delivery of any such items, or the time specified in paragraph 148(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 148(1) and before Seller cancels, if at all, pursuant to paragraph 140, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer‘s written removal of all contingencies is Delivered to Seller, Seller may not cancel this Agreement pursuant to paragraph 14D(1). (5) Access to Property: Buyer shall have access to the Property to conduct inspections and investigations for 17 (arm) Days After Acceptance, whether or not any part of the Buyer's investigation Contingency has been waived or removed. C. DREMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal form (C.A.R. Form CR). If Buyer removes any contingency without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Broker. D. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: if, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (C.A.R. 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 specified in this Agreement, Buyer does not take the following action(s): (i) Deposit funds as required by paragraph 3A, or 3B or if the funds deposited pursuant to paragraph 3A or 38 are not good when deposited; (ii) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Form FVA); (iii) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 30 or 3H; (v) In writing assume or accept leases or liens specified in 885; (vi) Return Statutory and Lead Disclosures as required by paragraph 1OA(5); or (vii) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 38 and 218; or (viii) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. in such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. E. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (i) be in writing; (ii) 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 specified in the applicable paragraph, whicheveroccurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlierthan 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 obligatimpecified in paragraph 14. F. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: if Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. G. 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 first Deliver to the other Party a demand to close escrow (C.A.R. Form DCE). The DOE shall: (i) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. H. EFFECT OF CANCELLATION ON DEPOSITS: if Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. if either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (C.A.R. Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. if, within 10 Days After Escrow Holder’s notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. it Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith (tiniest: exists as Tawho is entitled to the deposited funds (Civil Code §1057.3). fl; Buyer‘s initials ( i < -91 i Setters Initiaisr i i > RPA-CA REVISED 12/15 (PAGE 6 OF 10) W CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 10) WW“ Produced wrth zrpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 091 DocuSign Envelope ID: D56EEFDO-CBO8-4B75~Q-64COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (orU_) Days Priorto Close Of Escrow,NOT AS A CONTINGENCYOF THE SALE, but solelyto confirm:(i) the Propertyis maintainedpursuantto paragraph‘l 1; (ii) Repairs have been completed as agreed; and (iii) Seller has complied with Seller’s other obligations under this Agreement (CAR. Form VP). 16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller’s expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (i) obtain invoices and paid receipts for Repairs performed by others; (ii) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (iii) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 17. PRORATIONS OF PROPERTY TAXES AND OTHER ITEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as 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 Mello-Roos and other Special AssessmentDistrict 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 due. Property will be reassessed upon change of ownership. Any supplementaltax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer; and (ii) for periods priorto Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN 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 specified 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 specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (i) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) 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; (v) 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 permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (viii) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers 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; (x) Shall not be responsible for 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 information that exceeds the knowledge, education and 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: If one or more Parties is signing this Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (CAR. Form RCSD), Wherever the signature or initials of the representative identified in the RCSD 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 (i) 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 portion of the trust or Certification Of Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 43, 5A, 6, 7, 10C, 13, 146, 17, 18A, 19, 20, 26, 29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller‘s funds, or both, as applicable, the Broker‘s compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow 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 specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, 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, 10 or elsewhere in this Agreement. 8. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between 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. If Seller delivers an affidavit to Escrow Holder to satisfy Seller’s FIRPTA obligation under paragraph 100, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. ’35 “”2 , Buyer's Initials ( LN- _ , ) ( (WEI: , . ) Seller's Initials ( XIX/J ) ( ) RPA-CA REVISED 12/15 (PAGE 7 OF 10) W W CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 10) WWW") Produced with zrpForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 092 DocuSign Envelope ID: D56EEFDO-CBOS-4B75QB-64COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 C. E. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder’s payment to Broker(s) of compensation pursuant to this Agreement. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer‘s deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify all Brokers: (i) 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; or (ii) if Buyer and Seller instruct Escrow Holder to cancel escrow. 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 BUYER'S 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 Buyerto complete the purchase in violation of this Agreementshall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. . LIQUIDATED DAMAGES: If Buyer fails 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% of the purchase price. Any excess shall be returned to Buyer. Except as provided in paragraph 14H, 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 LIYER AN ELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCéiASED DE%S(VSIT AS LIQUIDATED DAMAGES (C.A.R. FORM RID Buyer's Initials M __../...____ Seller’s Initials / 22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting Buyer's Initials ( transaction, before resorting to arbitration or court action through the CAR. Real Estate Mediation Center for Consumers (ww.consumermediation.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 Broker(s), who, in writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is 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 first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 220. . ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge orjustice, or an 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 §1283.05. In all other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 220. “NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.” “WE HAVE READ AND U DERSTAND 'Igl-IE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED I WE 'ARBIEFR/ATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION." Buyer’s Initials / WW. Seller's Initials ll; / ADDITIONAL MEDIATION AND ARBITRATION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) 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 Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction fa probate, small claims or bank cy court. “3,. J3 ’ )i W” ) Seller's Initials ( ) ( .___,) RPA-CA REVISED 12/15 (PAGE 8 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 10) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 W 33”! Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 093 DocuSign Envelope ID: D56EEFDO-CBOB-4B75’B-64COE5E43CCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 23. 24. 25. 26. 27 29. 30. 31. DOne or more Buyers is signin Representative Capacity Signatu (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (i) the filing of a court action to preserve a statute of limitations; (ii) the filing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to this Agreement. 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. MULTIPLE LISTING SERVICE (“MLS”): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 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 non-prevailing Buyer or Seller, except as provided in paragraph 22A. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless othenIvise agreed in writing by Seller. (CAR. Form AOAA). . EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti-discrimination Laws. . TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed 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 offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation 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 modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is ofthe essenceAll understandingsbetweenthe Partiesare incorporatedin this Agreementlts terms are intended by the Parties as a final, completeand exclusiveexpressionoftheirAgreementwith respectto its subjectmatter, and may not be contradictedby evidence of any prioragreementor contemporaneousoral agreementlf any provision of this Agreementis held to be ineffectiveor invalid ,the remainingprovisionswill neverthelessbe given full force and effect. Exceptas otherwisespecified,this Agreementshall be interpretedand disputesshall be resolvedin accordancewth the Laws ofthe State of California.Neitherthis Agreementnor any provisionin it may be extended, amended, modified, altered or changed, except in writing Signed by Buyer and Seller. DEFINITIONS: As used in this Agreement: A. “Acceptance” means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. “Agreement” means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. “C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. “Close Of Escrow”, including “COE”, means the date the grant deed, or other evidence of transfer of title, is recorded. E. “Copy” means copy by any means including photocopy, NCR, facsimile and electronic. F. “Days” means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. “Days After” means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. “Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. “Deliver”, “Delivered" or “Delivery”, unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page to, regardless of the method used (i.e., messenger, mail, email, fax, other). J. “Electronic Copy" or “Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. “Law” means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. “Repairs” means any repairs (including pest control), alterations, replacements, modifications or retrofitting 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. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer Is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by JP Moridi who is authorized to receive it by 5:00 PM on the third Day after this offer Is signed by Buyer( or by |)_(l Kl AM/ U PM, on November 18, 2017 (date)) Ethis?”Agareyement in a representative capacity and not for him/herself as an individual. See attached ass 0 ure y(C. A i Form RCSD- B) for additional terms \ML MM 11/17/2017 (Print name) Shubhanjan Shek ar gym , , , , _ Date BUYER //\ _ , _ , 11/17/2017 (Print name) Monadhika Sharma _ 7 . 7 DAdditional Signature Addendum attached (CAR. Form ASA). BSD l613£261A2648F Seller’slnitials( Q] >( W) RPA-CA REVISED 12/15 (PAGE 9 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA~CA PAGE 9 OF 10) Egrfiéfittii't“ Produced with zipForm® by zipLogix 18070 Fifteen Mile Road Fraser Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 094 DocuSign Envelope ID: D56EEFDO-CBOB-4B7AB-G4COE5E4BCCE . Property Address: 3318 Granada Ave, Santa Clara, CA 95051 Date: November 17, 2017 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 offer, and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. D (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: DOne or more Sellers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signat re Discioyy (CAR. Form RCSD-S) for additional terms. Date 1141742017 SELLER Mm “tn/Wm (Print name) Date SELLER (Print name) DAdditionaI Signature Addendum attached (CAR. Form ASA). ( / ) (Do not initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) ersonall received by Buyer or Buyer's authorized agent on (date) at AM/ PM. 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. Completion of this confirmation is not legally required in order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (CAR. Form CBC). Declaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. R aI Uslggnfélhker (Selling Firm) Intero Real Estate Services CalBRE Lic. # 0135-4442 By _ 9 MW“ ,, y y 7 _ JP Moridi CalBRE Lic. # 01935071 Date By C‘SOFE‘QAWW CalBRE Lic. # Date Address 10275 N De Anza Blvd City Cupertino State CA Zip 95054 Telephone (408)409-3249 _ Fax Email Mpmoridicom Real state Br??? (Listing Firm) Santana Realty CalBRElME.7#/ZDTJZ54750 By , om amt/mm. _ , 7 Adam SantanaCalBRE Lic. # 01254750 Date By 7 ,, 7 , CalBRE Lic. # Date Address 1095 Bird Ave Suite 5 City San Jose State CA Zip 95125 _ Telephone (408)531-1111 Fax Email adamsantanareaIcom ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked. Ba deposit in the amount of $ .), counter offer numbers DSeIIer‘s Statement of Information and , and agrees to act 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 Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail // Escrow Holder has the following license number # Department of Business Oversight, DDepartment of Insurance, Ll Bureau of Real Estate. PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: ( ) No counteroffer is being made. This offer was rejected by Seller on (date). Seller‘s Initials ©1991- 2015, California Association of REALTORS®, Inc. United States copyrightlaw (Title 17 US Code) forbids the unauthorized distribution. display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR). 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. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. “E: {1"} n l Published and Distributed by: Buyer Acknowledges that page 10 is part of this Agreement ( _ _ ) ( LLB“ ) E ,. REAL ESTATE BUSINESS SERVICES, INC. Buyer's Initials : c a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® $1525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by E I RPA~CA REVISED 12/15 (PAGE 10 of 10) Broker or Designee gainer CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 10 OF 10) Produced With zipForm® by zIpLogix 18070 Fifteen Mile Road, Fraser Michigan 48026 W 3318 Granada A Exhibits attached to Reply Decl. of Adam Santana Santana 095 Exhibit 4 Exhibits attached to Reply Decl. of Adam Santana Santana 096 DocuSign Envelope ID: 32AF81OF-95CZ-4DEF-.3-5CtADBC4DF82 . {k {1: A i. I l4 (i) it N i A 1‘ § A s; 55 (it: {A T 10 N EXTENSION OF TIME ADDENDUM % t) is it E. A, s, ”'1" r") R g r (C.A.R. Form ETA, Revised 4I06) The following terms and conditions are hereby incorporated in and made a part of the: [XI California Residential Purchase Agreement, 1:] Manufactured Home Purchase Agreement, [:I Probate Purchase Agreement, DResidential income Property Purchase Agreement,DVacant Land Purchase Agreement,[:ICommerciai Property Purchase Agreement, D Business Purchase Agreement, [I other ("Agreement"), dated November 17, 2017 , on property known as 3318 Granada Ave, Santa Clara, CA 95051 ("Property"), in which Shubhanjan Shekhar, Monadhika Sharma is referred to as ("Buyer") and is referred to as ("Seller"). 1. EXTENSION OF ESCROW: The scheduled Close Of Escrow is extended to December 19 2017 (Date). 2. EXTENSION OF CONTINGENCY(IES): The following contingency(ies), if checked, is/are extended to (Date) DBuyer investigation of Property Condition [3 Loan DOther 3. OTHER EXTENSION(S): The time for is/are extended to (Date). 4. ADDITIONAL TERMS: By signing below, Buyer and Seller acknowledge that each has read, understands, and received a copy of and agrees to the terms of this Extension of Time Addendum. DocuSlgned Dy: , 12 / 11/ 2017 Buyer I QWW 31W” Date W Wfils‘hekhar W'- DocuSigned by: . ,V 12 11 2017 'Sb‘i‘ifktizgfiarma Seller Date Seller Date The copyright laws of the United States (Title 17 US Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright © 2004-2006, CALlFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIAASSOCIATION OF REALTORS®(C.A.R.). NO REPRESENTATIONIS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER iS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. R Published and Distributed by: E REAL ESTATE BUSINESS SERVICES. INC. 3 a subsidiary of the California Association of REALTORS® 5 w 525 South Virgil Avenue. Los Angeles, California 90020 ' Reviewed by Date E “A, WSW; ETA REVISED 4/06 (PAGE 1 OF 1) SPPORTIINITV EXTENSION OF TIME ADDENDUM (ETA PAGE 1 OF 1) Intern Real Estate Services I0275 N, De Anza Blvd Cupertino, CA 95014 Phone. (408)896-9700 Fax (403)549-9902 33i8 Granada A i’ooya Moridi Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 W Exhibits attached to Reply Deal. of Adam Santana Santana 097 Exhibit 5 Exhibits attached to Reply Decl. of Adam Santana Santana 098 ‘§ C A L A A AA AA N A AA CANCELLATION OF CONTRACT, A S 390C 1 A A ION RELEASE OF DEPOSIT AAA AA AA A A A AA AA A A AND CANCELLATION OF ESCROW (C.A.R. Form CC, Revised 11/14) In accordance with the terms and conditions of the: [ZCaIifornia Residential Purchase Agreement; or D Other (“Agreement”), dated November 17, 2017 , including all amendments and related documents, on property known as 3318 Granada Ave, Santa Clara, CA 95051-3611 (“Property”), between SHUBHANJAN SHEKHAR, MONADHIKA SHARMA (“Buyer”) and JACOB'S REAL ESTATE INVESTMENT (“Seller"). Paragraphs 1 and 2 below constitute escrow instructions to Escrow Holder. Release of funds (pursuant to paragraph 2) requires mutually Signed release instructions from Buyer and Seller, judicial decision or arbitration award. A party may be subject to a civil penalty of up to $1,000 for refusal to sign such instructions if no good faith dispute exists as to who is entitled to the deposited funds (Civil Code §1057.3). 1. CANCELLATION OF CONTRACT: [3 Buyer [1 Seller Ed both Buyer and Seller cancel(s) the Agreement for the following reason: AB As permitted by the good faith exercise of paragraph(s) of the Agreement OR B. Buyer has failed to remove the applicable contingency after being given a Notice to Buyer to Perform C.A.R. Form NBP). OR C. Buyer has failed to take the applicable contractual action after being given a Notice to Buyer to Perform CAR. Form NBP). OR D. Seller has failed to take the applicable contractual action after being given a Notice to Seller to Perform C.A.R. Form NSP). OR E. Seller has failed to remove the applicable contingency after being given a Notice to Seller to Perform EQAR. Form NSP). As permitted by the good fai th exercise of paragraph ' s 1D,3J (4), 146,14H, 21, OR F. OR G. Per mutual agreement. 29,32 of the Agreement. Buyers have faiied to ciose escrow by December 12 as DocuSIQnedbyg required by 3 Demand to dose Escrow. flow» idemI’rtwmlacob's Real Estate Investments Inc. 12/12/2017 Buyer's or Séller’sséiggnparty cancelling the contract) Date Buyer's or Seller‘s Signature (party cancelling the contract) Date 2. RELEASE OF DEPOSIT and CANCELLATION OF ESCROW Buyer and Seller cancel escrow # FWPS-2984162094 with Chicago Title Co. and AB Seller authorizes release of Buyer's deposit, less Buyer's fees and costs, to Buyer. OR B. Buyer authorizes release of Buyer's deposit, less Seller's fees and costs, to Seller. (DPursuant to a properly executed liquidated damages clause Buyer's authorization of release of deposit to Seller is limited to no more than 3% of the purchase price. Any additional deposit Shall be returned to Buyer.) 0R C. DBoth Buyer and Seller acknowledge mutual cancellation of the Agreement and authorize Escrow Holder to continue to hold the deposit until receiving subsequent mutual instructions judicial decision or arbitration award OR D. B Other. Buyer authorizes release of buyers deposit to seller. Unless otherwise specified, Buyer and Seller (i) mutually release each other from all obligation to buy, sell or exchange the Property under the Agreement, and from all Claims, actions and demands that each may have against the other(s ) by reason of the Agreement; and (ii) intend that all rights and Obligations arising out of the Agreement are null and void. Date Date n -. 4512/12/2017 Buyer Seller . SHUBHANJAN SHEKHAR J c B'S RE LES A INVESTMENT Buyer Seuer 45050009F2DF424._ MONADHIKA SHARMA © 2014. California Association of REALTORS®. Inc. United States copyright law (Title 17 US. Code) forbids the unauthorized distribution, display and reproduction of this form. or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (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. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics. '7 Published and Distributed by: 5:] REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® ~ . A 525 South Virgil Avenue, Los Angeles, California 90020 Reviewed by Date 1 58:35:33»??? CC REVISED 11/14 (PAGE 1 OF 1) CANCELLATION OF CONTRACT, RELEASE OF DEPOSIT AND CANCELLATION OF ESCROW (CC PAGE 1 OF 1) Santana Realty, 560 S. Winchester Blvd. #500 San Jose CA 95128 Phone: 408.531.1111 Fax‘ 888.832.6905 3318 GRANADA! Adam Santana Produced with zioForm® bv lLoq 18070 Fifteen Mile Road Fraser Michigan 48026 www,;lgLogix com Exhibits attached to Reply Decl. of Adam Santana Santana 099 Exhibit 6 Exhibits attached to Reply Decl. of Adam Santana Santana 100 [k CALIFORNIA fl: ‘ A s soc IATION , DEMAND TO CLOSE ESCROW '4' or» REALTORS” {GARFomDCEAGlOG} ln accordance with the terms and conditions of the: [)2] California Residential Purchase Agreement or [3 other _ ("Agreement”), dated November 1?! 2012' , on property known as 3318 Granada Ave, Santa Clara, CA 96651‘3611 (“Property”), between SHUBHANJAN SHEKHAR, MONADHIKA SHARMA (“Buyer"), and JA COB’S REAL ES TA TE INVESTMENT (“Seller”) with an agreed upon Close Of Escrow date of December.12, 201? : 1. Seller hereby demands that Buyer close escrow on the Property: A. DWlthln 3 (or 1:] ) Days After recelpt of this Demand To Close Escrow but no earlier than the agreed upon Close Of Escrow date. OR B. E By December 12, 2017 (Date), which is at least 3 Days After receipt of this Demand to Close Escrow but no earlier than the agreed upon Close 03‘ Escrow date. Note To Buyer: lf you do not close escrow by the end of the time period specified in this Demand to Close Escrow, and Seller has fully performed, Seller may (i) immediately cancel the Agreement; (it) bring legal action against you for damages (including but not limited to the deposit); or (ill) bring legal action against you to force you to buy the Property (specific Performame)‘ 12/9/2017 11 am om AAA/MM. {:3 AM {3 PM Seller JA 0088 REAL ES TA TE INVESTMENTS INC. Date Time {“1 AM {:1 PM Seller Date Time 2‘ Buyer hereby demands that Setter close escrow on the Property: A. [j Wlthrn 3 (or a ) Days After receipt of this Demand To Close Escrow, but no earlier than the agreed upon Close Of Escrow date. OR 8‘ C] By (Date), which is at least 3 Days Alter receipt of this Demand to Close Escrow but no earlier than the agreed upon Close Of Escrow date. Note To Seller: lf you do not close escrow by the end of the time period specified in this Demand to Cloee Escrow, and Buyer has fully performed, Buyer may (i) bring legal action against you for damages because of your breach of contract, (ll) bring legal action against you to force you to sell the Property (specific performance), or (ill) both. {7 AM ["3 PM Buyer Date Time [3 AM i] PM Buyer Date Time ( l ) (initials) CONFlRMATlON OF RECElPT: A Copy of this Signed Demand to Close Escrow was personally received by the Buyer or Seller to whom it was sent or that person's authorized agent on (date), at 1:] AM [3 PM The copyright law) oi the united States (TlTLE l7 US. Code) braid the unaumorlzw woman M this term by any mam inducing meme or Waxed lwmats. Gwyneth lb 200:"), CALWWNM ASSOCMTION 0;? REALTORSAo lHlS FORM HMS BEEN APPROVED BY THE CALIFORMA ASSOCIA’NON 0F REALYCJRS® (CAR) NO REPRESENTATION IS MADfi AS TO THii LEGAL VALlDlTY QR ADEQUACV OF NW PROVlSlON lN ANY SF’ECIFIC lRANSACTlON, A REAL ESTATE BROKER IS YHfi PERSON QUALlFlED TQ ADVlSE 0N REAL ES l'ATE VRANSACTIGNS, lF YQU OESlRE LEGAl 0R TAX ADVICEV CONSULT AN APPROVRIA‘FE PROFEI SglOmL Tm town to avarlable tor use: by the ammo real estate locum, h is not intended to ldantlly the user as a REALTOR®, REALTORGI ls a regsstored oollecajve mamcamp mam wmch may be new only by membero of the NATlONAL AS$DClATlON OF REM TORSQD who aubscfibo to its Code of Emir». a ‘ Published and Distributed by: a REAL ESTATE oosmees SEW/WES, INC. 6 " a subsidiary c! the California Association of REAL TORS® s c w 525 South Vlrgil Avenue, Lea Angeles, Calltornla 90020 mun Noam lReM'ewed by Date. I DOE 10l05 (PAGE. 1 or 1) DEMAND TO CLOSE E8CROW (DOE 9AGE 1 OF 1) SMHM’I Realty, 560 S, \Wmhester Rlvd. #509 SM .3938 CA 95! Ill Phone. WvfitJ 3 ll Fax: 888.832.6905 3M8 {JEAN/\OA‘ QM with argFomsrBl {>1 zggtggix WOW) Fifteen M35! Road} Fraser clgonjmé magma com Exhibits attached to Reply Decl. of Adam Santana Santana 101