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PM 1994-302••v v.v .� ��V�J M 4Y f✓ 'E rst A�nE�°cgn I f, 1�ISUfanu Company ' E `AQD rMER ►'CORDER MAIL TMIR REEK Also RRES>l / IRE SHOWS! $FLO. u1.Il IAi ITATENElrT TO: 0 - Name rPl anni-lg Department Street City Of La Quinta (� ddress cltya 78-495 Calle Tampicocc rn sat. LLa Quinta, CA 92253 mg J O rn Tel MAIL TAX STATEMENTS TO � 0 Lm. f to Street Address W city a V sat• L ALL! U TITLE ORDER 00. ESCROW 110. SPACE ABOVE TNIS LINE FOR RECORDER'S USE Q' GRANT DEED ( THE UNDERSIGNED GRANTOR(S) DECLARE(S) DOCUMENTARY TRANSFER TAX is $ -0- p computed on full value of property conveyed, or p computed on full value less value of liens or encumbrances remaining at time of sale. p unincorporated area p city of LA QUINTA , AND FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, alK Development, Inc., a California Corporation hereby GRANT(s) to JMR Development, Inc., a California Corporation 1 (� the following described real property in the County of Riverside , State of California: (Property Description) Lots 9 and. 10 of bloc]: Santa Carmelita At Vale La Quinta, Unit No. 28, in The City Of La Quinta, as shoran by map on file in boob 19, pages 59 and 60 of maps, in the office of the County Recorder of said county. (This document is being recorded to perfect Certificate of Parcel Map Merger No. 94-302) June 2, 1994 Dated STATE OF CALIFORNIA SS COUNTY OF On this day of in the year before me, the undersigned, a Notary Public in and for said State, personally .appeared p personally known to me p proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowl- edged to me that he (she or they) executed it. JMK Development, Inc. erry e, Pr ident T-217 Signature NOTARY PUBLIC IN AND FOR SAID STATE (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE. AcknWedgement 2511 G7 State of CALIFORNIA County of Riverside DIANE EDIN Q COMM. M 1001739 a Notary Public.California RIVERSIDE COUNTY O My Commlislm ExpPires AUGUST 19, 1997 (this area for official notarial seal) SS. On 6-2-94 before me, Dian,- Sedan Notary Public. personally appeared Kerry Engle personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(( whose nameWis/subscribed to the within instrument and ack- nowledged to me that he/sll f y executed the same in hisjj;i TTeir authorized capocity(i <cnd that by his/ eir signature(s)—on the instrument the person(sr or the entity upon beCalf of which the person(s'f acted, executed the instrument. WITNESS my hand a?1p official seal. ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT DESCRIBED AT RIGHT: Number of Pages Date of Document TT-1100 (Rev. 9/92) D Signer(s) Other Than Named Above r' City of la Quinta r ctLL When Recorded, Return To:� La Quinta Planning and' Development Department P.O. Box 1504 La Quinta, CA 92253 No Fee, 6103 Government Code Benefit of La Quinta CcnTmmity Development Department • 251U7 Record Owners Existing Parcels Assessor Parcel Numbers Majestic Homes North 77�-302-018 JMK Development, Inc. 774-302-019 Legal Description of Merged Parcel Lots 9 and. 10 of block 312 Santa Carmelita At vale La Quinta, Unit No. 28, in Mle City Of La Quinta, as shown by map on file in book 19, pages 59 and 60 of maps, in the office of the County Recorder of said county. w Recording Request By . City of La Quints When, Recorded, Return_ Zb: --La. Quints Planning and --Deve o mp ent�epartmerit -:,� - P.O. Box 1504 La Quinta, CA 92253 No Fee, 6103 Govenvnent Code Benefit of La Quinta Cc munity Development Department 1,67'' Io 5 000 4_7 La r ,9 ARTMEN Record Owner _ Address Map Prepared By Address Area/District • 2511G 7 SSE ONLY This Certificate of Parcel Merger No. 94-302 is hereby approved. By _Leslie Mouriquand-Cherry Title Associate Planner Date .-RLE 78-495 CALLE - TAMPICO LA QUINTA, CALIFORNIA 92253 (619) 777-7000 OF - ; FAX (619) 777-7101 July 13, 1994 '' f Y Mr. Kerry Engle ,. -11684 Ventura Boulevard..'' Suite 624 - Studio City, CA 91604 SUBJECT:. PARCEL MERGER 94-302 Dear Mr. Engle: The above referenced parcel merger has been recorded by ,the Riverside County Recorder's Office. Enclosed is the original` recorded grant deed for.the merger for your files. ` Should you-have'any questions, -please contact the undersigned Very truly yours,--'- ` 'JERRY HERMAN PLANNING AND DEVELOPMENT DIRECTOR ESLIE MOURIQUAND-CHERRY •. - Associate Planner' ,. _ LC: kaf s Enclosure ' MAILING 'ADDRESS P.O. BOX., 1504 LA. OUINTA, CALIFORNIA 92253 r.mor.r i an + r iLE COPY 4 78-495 CALLE TAMPICO — LA OUINTA, CALIFORNIA 92253 (619) 777-7000 FAX (619) 777-7101 May 27, 1994 Mr. Kerry Engle 11684 Ventura Boulevard, Suite 624 Studio City, CA 91604 SUBJECT: PARCEL MERGER 94-302 Dear Mr. Engle: Your parcel merger has been approved by the Planning and Development Department. Attached are copies of the letter, approved Exhibits, and unrecorded Deeds, to be delivered to the Recorder's Office for recordation. Please note the Deeds will be mailed to us once recorded and then we will mail them to you'. Should you have any questions concerning the above, please feel free to contact the undersigned. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR ESLIE MOURIQUAND-CHERRY Associate Planner LMC:bjs Enclosure LTRLC.04i MAILING ADDRESS - P.O. BOX 1504 - LA QUINTA, CALIFORNIA 92253 `� T-ity 4 78-495 CALLE TAMPICO — LA QUINTA, CALIFORNIA 92253 (619) 777-7000 . ' FAX (619) 777-7101 May 27, 1994 County Recorder County of Riverside P. O. Box 751 Riverside, CA 92502 SUBJECT: PARCEL MERGER 94-302 Dear Sir: Attached please find the Grant Deed for Parcel Merger 94-302, with Exhibit(s). Recordation is requested by and for the,City of La Quinta, in accordance with Government Code Section 6103, to insure compliance with the zoning requirements prior to any construction taking place. Please record and return a copy of these documents to this office so our records can be updated. Thank you for your assistance. A self addressed envelope is enclosed. Very truly yours, JERRY HERMAN PLANNING & DEVELOPMENT DIRECTOR c !i L`ESLIE MOURIQUAND-CHERRY Associate Planner LMC:bjs Enclosures LTRLC.046 MAILING ADDRESS - P.O. BOX 1504 - LA OUINTA, CALIFORNIA 92253 . SNAP • A • GRAM FROM: Sundance Escrow 72880' Fred Waring #C-13 Palm Desert, Ca. 92260 TO: City of La Quinta Planning Dept. s . DATE: 6-2-94 ATTENTION OF: Leslie SUBJECT: Lot Merger for JMK Dev., Please find enclosed for your review, the original package you forwarded to_Me, ia_certified_copy-_of the Deed which will record for ,Lot 9. tranferring Lot 9 into JMK De_v_elopment,,_and_a_ cert. ,copy -of _the Deed requesting_the LLot Merger. I have the �original-Deed _to:forward _to_the Title Company_,_and I would; appreciateyouu_reviewing —all-enclosed documents,_and_sending_me whatever needs to_be_recorded through title company to combine both_ lots_ into _I_parcel #.. Let me know if y_ou should need any additional information or if you_ha_v_e questions. Than 47a SIGNED DATE Adams NC 2873 Snap • - Gram N' 2516' SITE PLAN, CERTIFICAfE OF PARCEL'MERGER NO,'-- 94-302 1 ' L407,/ O �;a 0 s F n Record Owner JMK Developmant, 'Inc. Address 11684 Ventura Blvd. #624 Studio City, Ca. 91604 Map Prepared By JW Development, Inc. Address Same Scale 1 inch = 40 feet Assessors Parcel Na 774-302-018 & 774-302.-019 CITY OF LA QUZNTA PLANNING b DEVELOPMENT DEPARTM T MAY 2 5 1994 78-105 CALLE ESTADO LA QUINTA, CALIFORNIA 9225 CITY OF LAOUINtA PLANNING DEPARTUFNT APPLICATION FOR PARCEL MERGER --------------- --------------- OFFICE USE ONLY Zoning: 159 PM No.: �% Y :�C' Related Cases: Reviewed By: -�� Date Received: u u PROPERTY OWNER: Name: J 9 Development, Inc. Address: 11684 Ventura BlvC.#624. naltiMG (M-'&JL4N 6) Stueio City, Ca. 91604 Phone: ( 213 ) 656-31.53 (City) (State) (Zip) REPRESENTATIVE: Name: Kerry Engrle Address: 11.684 Ventura Blvd. #624 Daytime Stucio City, Ca. 91604 Phone: (213) 656-3153 (City) (State) (Zip) PROPERTY DATA Assessor Parcel Numbers: Street Address of Property: REQUEST Parcel 1 774 _ 302 _ 018 Parcel 2 774 _ 302 _ 0J. Parcel 3 - - Parcel 4 - - 54-945 Herrera, City of La Quinta (Include number of contiguous parcels to be merged and why merger is requested.) Number of lots to raerge are 2. Lot #9 and Lot #1.0 to be merged. 54-945 Lot #,`10 has a new house, buyer is buying adjacent .Lot ##9 for future pool or green belt. MR/FORMPM.001 APRIL 1988 I/We hereby certi that: 1) I am/We are tM record owner(s) of all parcels1kroposed for merger by his Application; 2) I/We have knowledge of and consent to the filing of this Application; and, 3) The information submitted in connection with this Application is true and correct. JMK Devel ment, Inc. . Date 5-2.3-94 Owner(s) Signature: e Representative Signature: (Attach Letter(s) of Authorization) MR/FORMPM.001 APRIL 1988 a Date `�A 64� ACDate Date J�2% • MAILING ADDRESS: Post Office Box 751 Riverside, CA 92502-0751 RE: OFFICE OF THE COUNTY CLERK i RECORDER COUNTY OF RIVERSIDE Recorder Division // LAAbJt LJG Jr_-�c,; r M &V-r c_.+ T� L 11 Q v I AJ a 7g • �/ 95 CA-c_C,E• 7A- rn PI cd STREET ADDRESS: 4080 Lemon St., 1st Flr. Rm 102, Riverside, CA `RECEIVED ' 9`i JOIN 13 PM 1 03 1/I iY OF LA QUINTA CiTY CLERK We:are-unabl-e-to=process=the enclosed paper(s); reasons below indicated"(if applicable, see red checkmark(s),ondocument: Names of all parties must be complete, showing the first names) or initials and the last name of each party. -I, [ ] The name of the corporation, partnership or company must be printed or typed above the signature. [ ] Signature is illegible. Print name below or to one side of signature for proper spelling. [ ] Notary signature and/or seal missing or improper. [• ] Out of country notary must be proved or acknowledged before a judge of a court of record or by certificate (CivC 1183). [ ] State reason for re-recording on face of document. [ ) Re-recording fee is $ ($5.00 for first page plus $3.00 for each additional page to re-record a document that has been corrected). [ ] Documentary transfer tax due in the amount of $ [ ] see attached sheet. [ ] Assessor's Parcel Number omitted. [ ] Show name and complete address, to include suite number when applicable, at top of document for return by mailr;,inc1_udewpre:addressed, stamped envelope. For -recording purposes: � the document must have ORIGINAL signatures and - notary acknowledgement(s) or be an ORIfi1NAL certified copy bearing_a_cour-t seal.; fno changes_or alterations_can be made_on acertified_copy; [ ] legal description must be included. [ ] We are unable to determine your intent regarding the enclosed document. [ ) This office cannot advise you on preparing documents for recording. Information should be obtained from your legal advisor. [ ] Proof of service or mailing required for Lis Pendens. [ ] Document must be signed by [ ] A acknowledgement is required for [ ] Name of must agree in caption, execution, and acknowledgement. [ ) is illegible or too light for repro- ducing by microphotography. Please retype pages) marked (GovC 27361.7) and attach as an exhibit. [ ] Property, municipality or record not located in Riverside County. Document(s)/ request should be directed to the Recorder of County. [•) Contact the Trustee to obtain a full or partial reconveyance. [ ] Fee required is $ payable in advance (check, money order, or cashier's check; No out-of-state checks accepted; check must show street address and be issued by one of the parties to the transaction). [ ] Your check/money order, $ , is enclosed. [ ] The enclosed check was either sent without a document or in error. [ ] Check not signed. [ ] Surveyor's Monument Fee is due in the amount of $10.00 (GovC 27585). [ ] Other: Please see reverse side for comment. Dated: (O ' / G/ FRANK K. JOHNSON, COUNTY CLERK & RECORDER Telephone: (909) � �-76 `9�10 By W P . f Deputy TO EXPEDITE FURTHER PROCESSING, THIS FORM SHOULD BE RETURNED 299-39 (Rev 5/94) 4 � 1 Escrow No. i Loan No. ' WHEN RECORDED MAIL TO: JMK Development, Inc _ 11684 Ventura Blvd. Ste. 624 Studio City, Ca. 91604 CERTtFED TO BE A TRUE AND CORRECT COPY OF THE SIGNED OPJGWAL POC SUNDANCE ESCROW CORP.. MAIL TAX STATEMENTS T0: SPACE ABOVE THIS LINE FOR RECORDER'S USE DOCUMENTARY TRANSFER TAX $ .......... -0.................................... Same as above •..... Computed on the consideration or value of property conveyed; OR Computed on the consideration or value less liens or encumbrances remaining at time of sale. Signature of Declarant or Agent determining tax —Firm Name GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MAJESTIC HOMES NORTH PARTNERSHIP, a General Partnership hereby GRANT(S) to JMK DEVELOPMENT INC., a California Corporation the real property in the City of La Quinta County of Riverside State of California, described as Lot 9 of Block 312, Santa Carmelita at Vale La Quinta, Unit 'No. 28, as per map recorded in Book 19, pages 59 and 60 of maps, in the office of the County Recorder of said County. APN #774-302-018 Dated April 29, 1994 STATE OF CALIFS A' r I)ss. COUNTY OF 1 } On q before me, personally appeared MAJESTIC HOMES NORTH PARTNERSHIP NAME " A" - .personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(trwhose namek islam subscribed to the within ^ • DIANE SEDIN instrument and acknowledged to me that he/she/they executed the same oOry P"fic-Cal r� a t in his/het/their authorized capacity0er}, and that by his1efAlt6r signa- RIVERSIDE COUNTY o M Commission Ex iris ture(g-bn the instrument the person(ej�or the entity upon behalf of which ,�__ A�GUST 19, 97 C the person(sj acted, execu d the instrument. D WITNESS my hand and o I 'al seal. _ Signature ` J (This area for official notarial seal) MAIL_ TAX STATEMENTS AS nIRFrTpn ARnvF RECORDING REQUESTED Ble 0 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: NAME Mr. and Mrs GEOFFREYM. HEINRICH--] ADDRESS 54945 AVENIDA HERRERA CITY & STATE LA QUINTA, CA. 92253 ZIP L Title Order No. 2011915 Escrow No. 1474-DS SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED The undersigned declares that the documentary transfer tax is 2 0 1 0 and is computed on the full value of the interest or property conveyed, or is computed on the full value less the value of liens or encumbrances remaining thereon at the time of sale. The land, tenements or realty is located in unincorporated area Xcity of LA QUINTA and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JMK DEVELOPMENT, INC., A CALIFORNIA CORPORATION hereby GRANTS to GEOFFREY M. HEINRICH.and LESLIE YOUNG, HUSBAND AND WIFE AS JOINT TENANTS the following described real property in the City of LA QUINTA, County of RIVERSIDE, State of California: Lots 9 and 10 of Block 312 Santa Carmelita at Vale La Quinta, Unit No. 28 in the City of La Quinta, as shown by map on file in Book 19, pages 59 and 60 of Maps, in the office of the County Recorder of said County. In Witness Whereof, said corporation has caused its corporate name and seal to be affixed hereto and this Instrument to be executed by its officers thereunto duly authorized. Dated MAY 11, 1994 STATE OF CALIFORNIA, COUNTY OF ISS. . On _ before me, a Notary Public in and for said State, personally appeared Kerry Engle, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the Instrument the person, or the entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature JMK DEVELOP NTT, INC BY: KERRY_ENGjZ-- FOR NOTARY SEAL OR STAMP Assessor's Parcel No. 7 7 4 - 3 02 - 018 & 019 MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE: IF NO PARTY SO SHOWN, MAIL AS DIRECTED ABOVE SAME AS ABOVE Name Street Address City & Stale SSSI 265 REV. 6t87 URN ESCROW �-��;n aatl3l _ g INSTRUCTIONSUNA 72880 Fred Waring Drive, #C-13 TO: S NCEISCROW. ....Palm Desert, Calif. 92260 341-50 SUNDANCE ESCROW IS LICENSED BY THE CALIF. DEPT. OF CORPORATIONS,19LICENSE FNO. �963 1686. Escrow No. 1474-DS Escrow Officer Diane S e d i n Date APRIL 28, 1994 MEMO Cash through Escrow 36 600.00 FIRST Conventional Loan 146�,400.00 I TOTAL CONSIDERATION 183,000 00 Prior to MAY 31, 1994, Buyer to give escrow $36,600.00 of which the sum of $1,000.00 has been deposited herewith. Buyer will cause escrow holder to be handed the net proceeds of a new FIRST Conventional Loan in the principal sum of $146,400.00 TO COMPLETE A TOTAL CONSIDERATION OF $183,000.00. Buyer will give escrow any additional funds and instruments necessary to comply with instructions herein. Escrow holder is to obtain an Owners/ALTA Standard Coverage Form policy of Title Insurance from FIRST AMERICAN TITLE with their standard exceptions and provisions. This policy is to have liability for an amount not to exceed $183, 000-00. to be Issued on real property in the County of RIVERSIDE,hStateicy of isofas follows: 3' Lots 9 and 10 of Block 312 Santa Carmelita at Vale La Q In the City of La Quanta, as shown by map on file in Book u19 a' Unit No. 28 60 of Maps, in the Office of the County Recorder of �saideCounty COMMONLY KNOWN AS: 54945 AVENIDA HERRERA, LA QUINTA, CA. 92253 The title policy is to show the title to the property to be vested in: LESLIE YOUNG and GEOFFREY M. HEINRICH, VESTING TO FOLLOW PRIOR TO CLOSE OF ESCROW. The policy is to be free of encumbrances except as follows: (1) General and Special Taxes and Special District Levies not due or delinquent; this will include the lien of supplemental taxes, if any,. assessed pursuant to Chapter 498, 1983 Statutes of the State of California. (2) Covenants, conditions, reservations (including exceptions of oil, gas, minerals, hydrocarbons, and/or lease without right of surface entry), restrictions, rights of way, and easements for public utilities, districts, water companies, alleys, and streets, if applicable. (3) New conventional FIRST Trust Deed to record, executed by the above grantees, to secure one Note in the principal amount of $146,400.00, in favor of ALL CITIES MORTGAGE, bearing interest at a rate determined by the lender, principal and interest payable in monthly installments. Buyers' execution of the loan documents thereunder shall be deemed approval of the terms, form, and content thereof. Escrow holder is Instructed to comply with all of the lender's requirements in connection with said new loan. This- escrow is contingent upon Buyers) and subject p ng for' a new First Trust Deed Loan as described in Item Noy qualify(3) ithese Instructions. Buyer agrees to confirm all loan terms directly with lender. Buyer to submit lender letter of loan pre -qualification into escrow within Buyer. 10 days of acceptance of offer, stating terms of performance acceptable to A new hazard insurance policy to comply with lender's requirements will be delivered to escrow by Buyer's insurance agent. The Buyer will deposit into this escrow sufficient funds to enable you to pay the premium at close of escrow. This escrow is contingent upon Seller obtaining clear title to Lot 9 prior to close of escrow. Escrow holder is instructed to prepare a Grant Deed for Lot 9 and deliver to Seller for signatures required to deed Lot 9 into JMK Developmet Inc. Escrow holder is further instructed to immediately *** SEE ADDITIO AL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF *** SELLER'S INITIALS: ,G� BUYER'S INITIALS- (d A? ff /P11 SUNDANCE ESCROW 72880 Fred Waring Drive, #C-13 Palm Desert, Calif.. 92260 (619) 341-5750 FAX: 341-9199 ESCROW INSTRUCTIONS Escrow No. 1474-DS PAGE 2 Date APRIL 28, 1994 TO: SUNDANCE ESCROW record said Deed upon receipt and to charge the account of the Seller for any charges incurred regarding same. Consummation of this escrow is contingent upon buyers WRITTEN APPROVAL of t-he Preliminary Title Report within 10 days of Buyers receipt of same. Should escrow not be in receipt of the written approval or disapproval within the time allotted herein, then escrow holder is hereby authorized and instructed to DEEM APPROVED said Preliminary Title Report, thereby removing .this contingency from this escrow. Within 35 calendar days after acceptance of offer, Seller shall furnish to Buyer, a current structural pest control certification from a Licensed Structural Pest Control Operator, covering all visible and accessible areas of the building(s) located on the subject property of this escrow. Work recommended to correct any infestation or infection which is evident shall be at the expense of the Seller. Any work recommended to correct conditions that are present which are deemed likely to lead to infestation or infection, if requested by Buyer, shall be at Buyers expense. Buyer to be provided with a one-year Builders Warranty issued by JMK Development Inc., and to be. paid by Seller/Builder at close of escrow. Real property taxes, bonds, and assessments, interest, rents, Homeowners Association regular dues and regular assessments assumed by Buyer shall be paid current and prorated between buyer and seller- as of date of recording. Escrow holder is instructed to release funds from Buyer's deposit as may be required to close escrow to obtain a demand/beneficiary's statement from lender(s) of record, and/or amounts required to obtain Homeowners's Association statements and documents, if requested. In the event of cancellation, it is understood between all parties that funds so released will not be refundable through escrow. Prorate and adjust the following items as of close of escrow: Taxes, based on latest tax statement, or on latest available tax figures furnished by the title company. AS A MEMORANDUM AGREEMENT ONLY WITH WHICH ESCROW HOLDER IS NOT TO BE CONCERNED AND/OR LIABLE. ESCROW HOLDER HAS NO DUTIES TO PERFORM WITH RESPECT TO SUCH MATTERS AND SHALL HAVE NO RESPONSIBILITY AND/OR LIABILITY FOR THE LANGUAGE USED IN THESE AGREEMENTS OR THE PERFORMANCE OF SAME BY THE PARTIES: .Buyer(s) shall have the right, at Buyer(s) expense, to select a licensed contractor(s) or other qualified professionals, to inspect and investigate the subject property, including, but not limited to structural, plumbing, heating, electrical, built-in appliances, roofs, mechanical systems, pool, pool heater, Pool filter, soils, foundations, ai tests or surveys, or other studies of the subject r conditioners, make er shall keep the subject property free and clear of any liens, IndemniBfy and 'hold Seller harmless from any and all liability,claims, demands, damages, costs, and repair all damages to the propertyarising from the tests, surveys, studies, inspections. Claimed defects concerning the condition of *** SEE ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF *** SELLER'S INITIALS: EACH OF THE ABOVE SIGNED STATES HE/SHE HAS READ THE FOREGOING TINS NaurnnJa A n mlr� M� UNDANCE ESCROW 72880 Fred Waring Drive, #C-13 Palm Desert, Calif. 92260 (619) 341-5750 .FAX: 341-919.9 ESCROW INSTRUCTIONS Escrow No. 1474-DS PAGE 3 Date APRIL 28, 1994 TO: SUNDANCE ESCROW subject property that affect the continued use of the property purpose for which it is presently being used shall be in writing, u for the by written reports, if any, and delivered to Seller within 10 calendar days after Sellers acceptance. Buyer- shall furnish Seller with copies, dar days cost to Seller. When such reports disclose conditions or inform unsatisfactory to the Buyer, which the seller is unwilling at no correct, Buyer may initiate cancellation of this escrow, Information the premises available for all inspections. BUYERS FAILURE or unable to IN WRITING SHALL CONCLUSIVELY BE' CONSIDERED Seller shall make Buyer cancellation, escrow holder will be handed TO NOTIFY SELLER APPROVAL. In the event of regarding same. ded subsequent instructions If the property is situated in a Special Flood Hazard Area designated the Federal Emergency Management Agency, gnated by Sellers acceptance disclose this factInrit writing to Buyer. Flood days from may be required by lender. Buyer is allowed 5 calander days from r of the disclosure to make further inquiries at appropriate insurance agencies, lenders, insurance agents, or other a receipt governmental If the property is situated in a Special Studi appropriate entities. Zone or in a locally designated es Zone or Seismic Hazard disclosure is required by local ordinance, hazard zone or area where days after acceptance of the offer, disclose einrwrlitiing tot Bu e0 calendar and any other Information required b law. Y this fact any structure may be restricted. DisclosureOfSSZstand ion °SHZs is°rrequired development of only where the maps or Information contained in th available." Buyer is allowed 5 calendar days after receipt e e maps, are "reasonably disclosure to make further inquiries at a pt of the lenders, insurance agents, or other appropriate entities .concerns ng-use of the property under local building,appropriate government agencies, as may be applicable under the Secial zoning,fire, �Zonel ct,aSeismic codes Hazards Mapping Act, and local geologic ordinances. Buyer shall provide notice to Seller of any itmes disapproved within this latter time written period. Seller warrants, through the date P od. (1) Roof shall be free of KNOWN leaks; is made available to Buyer: free-standing oven and range, if included in sale),lbuilt-in appliances (including conditioning, electrical, water, sewer/se tic, andPlum pool/spa heating, air any, shall be operative; (3) plumbing systems, shower enclosure(s) shall be free of leaks; (4) all brokenpool/spa systems, if pan(s), and shower be replaced; (5) property, Including or cracked glass shall shall be maintained in substantiallhe lsame� condition as on the date acceptance of the offer; and (6) all de P landscaping, and grounds, Included in the sale shall be removed bras and all of personal property not Prior to close of escrow, Seller shall repair and cover all and nails under kitchen bar counter. exposed wood Seller warrants that he or she has no knowledge of any notice of Of City, County, State, Federal, violation ordinances, or other governmental uregulationr1filed or Is uedlta against or e property. If Seller receives notice of violations prior to close the' escrow, Seller shall Immediately notify Buyer in writing. Buyer is allowed *** SEE ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF *** SELLER'S INITIALS: EACH OF THE ABOVE SIGNED STATES HE/SHE HAS READ THE FORE BUYER' INITIALS: STRUn i ipanff n ,p .1 SUNDANCE ESCROW 72880 Fred Waring Drive, #C-13 Palm Desert, Calif. 92260 (619) 341-5750 FAX: 341-9199 ESCROW INSTRUCTIONS Escrow No. 1474-DS PAGE 4 Date APRIL 28, 1994 TO: SUNDANCE ESCROW 5 calendar days after receipt of notice to provide written notice to Seller of any items disapproved. Buyer and Seller acknowledge and approve that Coldwell Banker Sand i er Realty is representing both parties in this transaction. P P All parties have initialed the liquidated damages clause as contained i'n the Real Estate Purchase Contract and Receipt for Deposit. In the event o a cancellation, all parties are aware escrow holder shall require . a separate cancellation instructions signed by all parties. SUPPLEMENTAL ESCROW INSTRUCTIONS NOTICE TO PURCHASERS AND SELLERS 1. Notice to Purchaser(s) and Seller(s) regarding transfers to U.S. real property interest by foreign persons: According to Section 1445 of the Internal Revenue Code of 19 the Seller may be a foreign 54 as amended, accompanying regulations. If the Seller is i defined ned In Sasta foreiion gn and its you the Purchaser may have an obligation to withhold up to 10% of the amount realized in connection with the transfer to g Person, above referenced property. you the Purchaser of the You the Seller and you the Purchaser should seek independent legal advise as to such matters. You as Seller and you as Purchaser hereby have been informed of this matter and that Sundan eo Esea owthas hat nou obligation herebytoverify whether withholding is required nor has any obligation to withhold any such funds or to file any return of funds with the Internal Revenue Service. Purchaser and Seller, Jointly and severally indemnify and agree to defend and hold Sundance Escrow harmless from any liability which may be asserted by the Internal Revenue Service pursuant to Sections 1445 of the Internal Revenue Code of 1954 as amended. 2. Notice to Purchaser(s) and S.eller(s) regarding nonresidents. of California: Buyer(s) herein are hereby notified of withholding provisions of California Revenue and Taxation Code Section 18805 and 26131, applicable to certain sales of California real estate by non-resident sellers. Buyer(s) understands that in no event will escrow holder undertake to advise buyer and/or buyer's representatives) on the possible application of the above code sections to this specific transaction. Unless expressly Instructed by the Seller(s) and Buyer(s) herein, Buyer(s) understand that escrow holder will not assist in obtaining a waiver from withholding from the Franchise Tax Board in the event that withholding is otherwise required In this transaction, nor undertake to withhold funds and remit to the Franchise Tax Board in the event that no waiver is obtained. Should instructions by Buyer(s) and Seller(s) herein direct you to undertake any activities pursuant to the withholding provisions . in California Law, *** SEE ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE A PART HEREOF*** SELLER'S INITIALS: < EACH OF THE ABOVE SI NED STATES HE/SHE HAS READ 77 HE FORE BUYER'S INITIALS: Escrow No. 1474-DS TO: SUNDANCE ESCROW • i. • SUNDANCE ESCROW 72880 Fred Waring Drive, #C-13 Palm Desert, Calif. 92260 (619) 341-5750 FAX: 341-9199 ESCROW INSTRUCTIONS PAGE 5 Date APRIL 28, 1994 Buyer(s) agree to cooperate fully in providing necessary information and indemnity escrow holder and hold them harmless in the event to of non-compliance resulting from information supplied by Buyer(s). For additional information concerning the withholding provisions referenced above, please contact the Franchise Tax Board Withholding at Source-Unit,P.O. Box 651, Sacramento, Ca. 95812-0651, or phone (916)369-4900. Escrow holder is hereby released and relieved from any and all res on- sibility and/or liability as to the validit p enforcement of the terms and/or provisions contained in SBc2319yand odr toe compliance of same parties herein. / he 3. The undersigned Buyer hands you herewith the PreliminaryChan Ownership Report as provided for in Section 480.3 of the Revenue and Taxation Code, ge. of State of California which you are to cause to beefiled concurrently with Deed in our favor. If form is rejected by County or we as Buyers fail to deliver same to you in a timely manner, a surcharge m be imposed by said County, and is to be paid by Buyer(s) herein.ay BUYER IS AWARE THAT AFTER THE CLOSE OF ESCROW, RIVERSIDE ASSESSOR'S OFFICE MAY RE -ASSESS THE SUBJECT PROPERTY DUE TO THE "TRANSFER OF OWNERSHIP" AND THAT THE BUYER MAY RECEIVE COUNTY TAX BILL OF WHICH PAYMENT OF SAME WILL CCIVC A SUPPLEMENTAL RESPONSIBILITY. BE THE BUYERS FULL 4. In the event Buyer and/or Seller utilize "facsimile" transmitted signed documents, Buyer and/or Seller hereby agree to accept, and Instructg the escrow holder to rely upon, such documents as if they bore the original signatures. Buyer and/or Seller hereby acknowledge and agree to provide escrow holder, within 72 hours of transmission, such documents bearing the original signatures. Buyer and/or Seller further acknowledge and agree that documents necessary for recording with non -original signatures NOT be accepted for recording by the County Recorder, thusgdelain wi ll close of escrow. delaying the 5. Notice regarding Internal Revenue Service Code Section 6045E: Seller shall provide all information necessary, including a taxpayer Identification number, forwarding address, information that property bein sold was either a primary residence or otherwise an undivided interest, for the preparation of a Form 1099 as required by the Internal Revenue Service in connection with the closing and complet,ton of the transaction. 6. Notice regarding out of state checks and clearing funds: Recent changes in California law require that effective January 1, 1985 all disbursements or checks, including out of state cashiers checks, and/or other items drawn on a bank outside of California, be held a requisite number of days (usually 8 to 10 workingdays) b escrow, uss such instruments are collected by our trust count institution priior to the lapse of the holding period. The law further provides that disbursements on all drafts (except share drafts) must be held until actually collected by our trust account institution, even if the draft is drawn on a *** SEE ADDITIONAL INSTRUCTIONS ATTACHED HERETO AND MADE APART HEREOF *** SELLER'S INITIALS: EACH OF THE ABOVE SIGNED STATES HE/SHE HAS READ THE FOREGOtINGRN TnIT'ATl.,.in . :. SUNDANCE ESCROW 72880 Fred Waring Drive, #C-.13 ° Palm Desert, Calif. 92260 (619) 341-5750 FAX: 341-9199 ESCROW INSTRUCTIONS Escrow No. 1474-DS PAGE 6 Date APRIL 28, 1994 TO: SUNDANCE ESCROW California institution. For the above reasons, you may be charged with several days interest delay in closing, in the event and/or you submit escrow closing funds nature -of a draft or out of state items. in the If you will be sending funds from outside of California, please regarding wiring instructions. Inquire q 7. Smoke Detector Requirements: Buyer and Seller herein are aware Estate Purchase Buyer Contract of Real and Receipt for Deposit (DLF- 14) states that every single family dwelling must have detector which an operable approved by and installed in accordance with the State Marshall's regulations, and that `statement smoke Fire seller is required to deliver a written to buyer indicating that the dwelling has detector an operable and is therefore in compliance with the law. Escrow holder assume no liability or responsibility smoke shall for any such requirements. sellers' proceeds, escrow holder is iri sti•ucted to detector From inspection. pay the cost of the smoke 8. Should Federal Express (or any overnight delivery) service be requested by Buyer/Seller, and/or their agent(s), it is agreed that in the event billing for said service is required prior to closing, Escrow Holder is authorized to pay same immediately from funds deposited at opening of escrow. At closing, cost of service shall be borne by party requesting same. SELLER'S INITIALS: --JCL. EACH OF THE ABOVE SIGNED STATES HE/SHE HAS READ THE FnaF BUYER'S INITIALS:. ��_ EACH"PARTY SIGNING THESE INSTRUCTION READ THE ADDITIONAL ESCRO W CONDITIONS AN oTRUCTIONS ATTACHED HERETO AND APPROVES, ACCEPTS AND AGREES TO BE BOUNDTHEREB THOUGH THE ATTACHED PAGES APPEARED OVER THEIR SIGNATURES. ALL PARTIES ALSO ACKNOWLEDGE HAVING RECEIVED A COPY OF THESE INSTRUCTIONS. ESCROWNUMBER 1474-PS OFFICER: Diane Sedin ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS IT IS MUTUALLY UNDERSTOOD AND AGREED TO BY ALL PARTIES TO THIS ESCROW, JOINTLY AND SEVERALLY, THAT THE FOLLOWING INSTRUCTIONS ARE MADE A PART OF THOSE SHOWN ON PAGE 1, THE SAME AS THOSE EMBODIED IN FULL THEREIN: 1. The adjustments and/or proralions provided for herein shall be made in accordance with the Iollowing instructions: a. If any mentioned Trust Deed is now of record, procure slalemenl by the owner of the note secured Ihereby, or the holder for collection, and adjust interest therein on the basis of such statement. b. Adjust interest on new encumbrances by endorsement on the nole(s). C. Prorate lazes, based on latest statements available to Escrow Holder, Includingg all items appearing on tax bill except taxes on personal property not conveyed through this escrow. d. Prorate rentals based on the rental statement handed Escrow Holder by the Soffer. Escrow Holder is to consider on the basis of said rent statement Thal the Seller will collect all rents which fall due prior to the close of escrow unless the Seller instructs Escrow Holder in writing to the contrary. Escrow Holder is to make no adjustment on uncollected rent. e. Escrow Holder is to accept on behalf of the parties any insurance policies submitted on buildings situated on the property being conveyed in this escrow and is to prorate the premiums thereon as per These instructions. Escrow Holder may assume that [he premiums on said policies have been paid and [hat the policies have not been hypothecated. 2. Make all adjustments and/or proralings on the basis of a 30 day month. "Close of Escrow" is the day instruments are recorded. Regardless of the dale of the deed, same shall be deemed delivered only upon recordation. 3. 11 is agreed by the parties hereto that, so far as Escrow Holder's rights and liabilities are involved, this transaction is an escrow and not any other legal relationship and Escrow Holder is an escrow holder only on the within expressed terms. 4. Any policy of title insurance called for under these instructions may be issued for the benefit of all parties in interest and may be procured from any Lille company operating in the county where the property is located and will by subject to exceptions and conditions contained in such company's regular printed form, included, but not limited to, an exception that said policy will not insure against loss by reason of the reservation or exception of any water rights, claims, or title to water. Recordation of any instruments delivered Through Ihfs escrow, it necessary or proper in the issuance of the policy of title insurance called for, is authorized. 5. All disbursements of funds and/or instruments of this escrow shall be mailed unregistered to the designated party in accordance with subject escrow instructions, the .address of whom is incorporated herein. Deliver new title policy to Buyer or to holder of first and/or new encumbrance. 6. All funds received in this escrow elow the' asp shall beg deposited with a Slate or Federal bank with other Trust funds and all disbursements shaectivell be made by check of this company address set out TO TH S ESCROWies herein are to be mailed to the bINDICATEidentify THEIR UNCONDITIONAL APPROVAL OF SAMunless otherwise E. THE k PARTIES Su SIGNATURESments and d ON ANY DOCUMENTS�AND INSTRUCTIONS PERTAINING 7. All notices, demands, instructions, supplements to instructions, and amendments shall not bind Escrow Holder unless they are in writing and deposited with Escrow Holder. 8. Escrow Holder is not to be held liable for the sufficiency or correctness as to form, manner of execution, or validity of any instrument deposited in the escrow, nor as to identity, authority, or rights of any person executing [he same; nor for failure 10 comply with any of the provisions of any agreement, contract, or other instrument filed herein or referred to herein, and Escrow Holder's duties hereunder shall be limited to the safekeeping of such monies, instruments, or other documents received by Escrow Holder and with the collection, maturity, or apparent outlaw of any obligations deposited in [his escrow, unless otherwise instructed. for the disposition of same in accordance with the written instructions accepted by Escrow Holder in the escrow. Escrow Holder shall not be required to lake any action in connection ble for any acts or omissions done in good faith, nor for any claims, demands, losses, or damages made, claimed or suffered by any party to excepting such Escrow Holder shall not be liais may arise through or be caused by Escrow Holder's willful neglect or gross' misconduct. this escrow, 9. Seller agrees to pay, outside of escrow, and before delinquency, all taxes on personal and/or real property not conveyed through [his escrow, which appear a lien on the property herein, and Escrow Holder is not lobe concerned therewith. to se se of d all 10 Escrow escrow al other Is expirationrrofdfive years from the dalle of close of escrow.nSuch destruction is authorizedlrregardlessoolslhe dale olaanyosubsequenlaamendments hereto, papers, P pertaining to this additional, or supplemental instructions. 11 is also to be without liability to Escrow Holder and may take place with notice to the parties herein. 11. In the event that the conditions of this escrow have not been complied with at the expiration of the Ifine provided for herein, Escrow Holder is instructed 10 complete same at the earliest possible date thereafter, unless both parties or either party has given written cancellation and demand upon Escrow Holder for the return of the of the monies and/or instruments deposited by either party, in which case Escrow Holder may withhold and slop all further proceedings in this escrow without liability for interest on funds held or for damages. On receipt of such notice, Escrow Holder is to mail a copy to the other party within three days. Unless the other party objects in writing to Escrow Holder within ten days after the mailing of such notice, Escrow Holder is instructed to disburse the escrowed funds and instruments accordingly, less the proper charges as provided herein. 12. The parties herein, jointly and severally, agree that, in the event of cancellation or other termination of this escrow prior to the closing thereof, they will pay Escrow Holder for any expenses which have been incurred or for which Escrow Holder has become obligated pursuant to these instructions and also a reasonable escrow lee for [he services performed by Escrow Holder. Such expenses, if any, and lees shall be paid and put in escrow before any cancellation or other termination is effective. Any documents or funds deposited with Escrow Holder may be retained by Escrow Holder as a lien to secure the reimbursement and payment of expenses, if any, and escrow lees. 13. In the event that written objection is received within the time staled herein or it conflicting demands are made or notice served upon Escrow Holder or legal action is taken in connection with this escrow, Escrow Holder is not required to determine the same or lake any action, but may withhold and slop all further proceedings without liability therefor, or Escrow Holder may lice suit in interpleader or for declaratory relief. If Escrow Holder is required to respond to any legal summons or proceedings, or it any action of inlerpleader or declaratory relief is brought by Escrow Holder, or it conflicting demands or notice by parties to this escrow or by any other party or parties is served upon Escrow Holder, we jointly and severally agree to pay reasonable escrow lees and all costs, expenses, and reasonable attorney's fees expended or incurred by Escrow Holder as a result of any of the above described events, and a lien is hereby created in Escrow Holder's favor to cover said items. The parties agree to save Escrow Holder harmless hereunder from all losses or otherwise, which may in any manner arise out ol, or from the properly which is the subject of this escrow, or out of or from this escrow, before or after closing, notwithstanding anything in these instructions to the contrary, and in addition [hereto, the parties jointly and severally agree to pay reasonable escrow fees therefor. 14. These instructions may be executed in counterparts, each of which so executed shall, irrespective of the dale of its execution and delivery, be deemed an original, and said counterparts together shall constitute one and the same instrument. 15. In the event that it may be necessary or proper lot the consummation of this escrow, Escrow Holder is authorized to deposit or have deposited funds or documents, or both, with any bank, trust company, title insurance company, savings and loan association, building and loan association, or licensed escrow agent, or sub escrow agent, subject to Escrow Holder's order pursuant to closing this escrow and such deposit shall be deemed a deposit in accordance with the meaning of these instructions. 16. It a party to [his escrow unilaterally assigns or orders proceeds of this escrow to be paid to a third party, such assignment shall be subject to all the terms and conditions of this escrow. Even though the terms of the assignment shall indicate that the assignment is 10 be irrevocable, the escrow is not compelled Io accept it as such. In the event, after such an assignment, that the escrow does not have sufficient funds to close and pay the assignment in lull, the escrow is nonetheless directed 10 close and to honor the assignment to the extent possible after leaving paid or honored all of the obligations or the assignor under this escrow. 17. In the event there is a conflict between these ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS and the instructions inserted at the direction of the parties to this escrow, then any such inconsistency or conflict shall be resolved in favor of the instructions inserted by the parties, and the parties shall be deemed to have intended the meaning conveyed in the instructions they inserted. It Is the intention of the parties to these i agreementnstructions that said instructions constitute the contract of the parties and in the event of any conflict between These instructions and any previous (s) between the parties, written or oral, the terms of these instructions shall prevail. 16. Escrow Holder is authorized and instructed to transfer any monies due any of the parties in this escrow to any other escrow Thal Escrow Holder is holding in order to complete said escrow, or to pay any charges due Escrow Holder. 19. In the event of failure to pay lees or expenses due Escrow Holder hereunder, on demand, the parly(ies) responsible for such lees or expenses agrees to pay a reasonable attorney's lee for any attorneys services which may be required to collect such fees or expenses. 20. All parties are aware that anyy change of properly ownership, at any time during the fiscal or calendar year, ma generate additional/supplementacly properly lax assessments. belco cernedtwith the dlpaymenPand proration eof[hoseeassessment saddressedassedlalndedelivered to escrtions to the owelprioatlolthe transfer a d ownership insuipnce pslllheEscrow Hollder can only Any adjustments shall be made between [he principals, and Escrow Holder is note be concerned with same. 21. THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE BEEN ADVISED THAT ESCROW COMPANIES ARE NOT AUTHORIZED TO GIVE LEGAL ADVICE AND THAT, IF THEY DESIRE LEGAL ADVICE, THEY SHOULD CONSULT AN ATTORNEY. 22. TIME IS OF THE ESSENCE. BUYER The foregoing terms, conditions, considerations and Instructions, as well as the ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS, are understood, approved and accepted In their entirety by each of the undersigned. I ag ban ree to pay on demand usual Buyer's charges Including recording deed. ovemight delivery fees. 0any. drawing and recording any other documents necessary on my pa A, and any essumptbnAranslor or new ban fees, and escrow fees as agreed upon. ESLIE YOUNG 4DA* L' .GE0FFKEY M. HEINRICH DAT DATE DATE DATE DATE SELLER The loregoing farms conditions, conskleretbn end Instructions, es wall as Iha ADDITIONAL ESCROW CONDITIONS AND INSTRUCTIONS, are understood. approved end accepted In Ihelr entirety by eacA of the undersigned. I cols hand you Grant deed for sold property necessary documents and/or funds called for on my pan to cease tkle to be shown as above, whbh you are authorized to use and/or delrvar, provided yyou con comply wflh these Instructions end provided you will hold for my account Iha total conslderellon es set forth above less any conslderelion paid outside of escrow and less the unpakl balance of any encumbrance Ilsted above, together wxh any dowments due me es described above, wrlhln the Ifine as above provklad. Escrow Hokfer Is authorized to pa� any encumbrence of record necessary to place Ixle In condition called for herein. Commission, n any, to be paid Broker(s)LI�s pTrorv�kfed in separate inslructlons. I agree to pay usual seilafs charges, Including those or policy of title Insurance, drawing any tleeds a other instruments ezeculetl � JIVIK m1�bE�ELOP7VInL' 1Va1 rralsN�'x, rotor ing any do ants In my favor, obtaining benellciaries' slalemenl and/or demands, escrow leas as agreed upon, and overnight delivery lees. H any. GATE LEASE SICK & RETURN DATE 1DATE DATE . DATE DATE cem — —,