Professional Documents
Culture Documents
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OCT .1 9 2016
By_
L- Gutierrez
Deputy Clerk
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SACRAMENTO
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Judgment Creditpr,
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DATE:
TIME:
CTRM:
November 3, 2016
2:00 p.m.
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Judgment Debtprs.
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8214-001
1.
I am an asspciate with the law firm of Samuels, Green & Steel, LLP, attomeys for
Crpss-Cpmplainants and Judgment Creditpr TCA GLOBAL CREDIT MASTER FUND, L.P
admitted tP practice before all Califpmia state courts. The fpllpwing facts are known to me pf my
own perspnal knowledge and if called as a witness I could and would testify competently thereto.
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2.
(hereinafter "Judgment") against Judgment Debtprs MYECHECK, INC. and GREENPAY LLC;
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BRUCE M. SMITH and EDWARD R. STARRS in Flprida. Judgment Creditpr had the sister
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state judgment entered in Califpmia against Judgment Debtprs on March 7, 2016 in the amount of
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$588,683.79. A tme and correct copy ofthe Judgment Pursuant tP CCP 1710.25 (Sister State) is
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After Judgment Creditpr filed the instant Mptipn fpr Apppintment pf a Receiver
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on August 1, 2016, Judgment Creditor learried of the existence of real prpperty owned by
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Judgment Debtor MYECHECK, INC. in Califpmia, twp pieces pf real prpperty owned by
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Judgment Debtor GREENPAY, LLC in Nevada, one piece of real property ovmed by Judgment
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Debtor GREENPAY, LLC in Hawaii and a timeshare in Nevada pwned by Judgment Debtpr
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EDWARD STARRS.
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4.
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Debtpr MYECHECK, INC. in Department 45 pf this Cpurt. EDWARD STARRS was perspnally
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served with the Orders tP Appear for Examination; but he failed tP appear. The Cpurt prdered
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that a bench warrant issue against EDWARD STARRS fpr his failure tP appear at his
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examinatipn. A tme and cprrect copy of the bench warrant is attached hereto as Exhibit "A" and
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Receiver tP Enforce Judgment on September 9, 2016,1 advised the Court of Judgment Creditor's
8214-001
discpvery pf the real prpperty pwned by Judgment Debtprs MYECHECK, INC. and
GREENPAY, LLC. I alsp advised the Cpurt pf Judgment Debtpr EDWARD STARRS' failure tP
appear at his Judgment Debtpr Examinatipn earlier that day. Surprisingly, EDWARD STARRS
shpwed up tp the hearing pn the Mptipn fpr Order Apppinting Receiver; unfortunately, the bench
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I requested that the Cpurt continue the hearing pn Judgment Creditpr's Mptipn fpr
Order Appointing Receiver to Enforce Judgment SP that additional information can be provided
to the Cpurt regarding the real prpperty. The Cpurt granted Judgment Creditpr's request and
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Judgment Creditpr has determined that Judgment Debtpr GREENPAY, LLC held
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title tP twp pieces of real prpperty in Nevada: (a) 432 Quaking Aspen Ln., #D, Stateline, Nevada
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89449 and (b) 600 Highway 50, #2, Zephyr Cpve, Nevada 89448. Judgment DebtPr
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MEC, INC.). Judgment Debtor EDWARD R. STARRS is a principal of bpth entities. A tme and
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correct copy pf the grant deed fpr the Stateline real prpperty shpwing that it was pvraed by
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Judgment Debtor GREENPAY, LLC is attached hereto as Exhibit "B" and is incorporated by
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reference herein as though fiilly set forth. This grant deed shpws that tax statements are tp be sent
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tp GREENPAY, LLC and EDWARD STARRS. A tme and cprtect cppy pf the grant deed fpr the
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Zephyr Cpve real prpperty shpwing that it was pwned by Judgment Debtpr GREENPAY, LLC is
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attached heretp as Exhibit "C" and is incprpprated by reference herein as thpugh fully set fprth..
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This grant deed shows that tax statements are to be sent tP GREENPAY, LLC at EDWARD
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Nevada cpunsel tP dpmesticate the Judgment in Nevada. On August 11, 2016, pursuant tp N.R.S.
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17.330, et seq., the Judgment was domesticated in the District Court for Clark County, Nevada,
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Case No. A-16-741473-F. Pursuant to N.R.S. 17.360(3), Judgment Creditor was stayed from
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12, 2016, Judgment Creditpr leamed fpr the first time that pn September 7,2016, Judgment
Debtpr EDWARD R. STARRS, as manager pf Judgment Debtpr GREENPAY, LLC, had caused
deeds tp be recprded, purpprtedly transferring bpth the Stateline Prpperty and the Zephyr Cpve
Prpperty frpm GREENPAY, LLC tp an entity entitled " 1 st BASE TRUST" with EDWARD
ROBERT STARRS listed as the tmstee pf 1 st BASE TRUST. Tme and cprrect cppies pf the
deeds transferring the twp Nevada properties are attached hereto respectively as Exhibits "D" and
"E" and are incorporated by reference herein as though fiilly set forth. Bpth deeds state: "There
is no consideration for this transfer." In addition, the addresses for mailing tax statements for'
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both pf the deeds are identical: Ed Starrs, 1743 Terracina Drive, El Dpradp Hills, Califpmia
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95762 rather than in care pf the Tmst. Again, tiiis is Judgment Debtpr.EDWARD R. STARRS'
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hpme address.
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The deeds transferring the two Nevada prpperties were recprded just twp (2) days
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before EDWARD R. STARRS' Judgment Debtor Examination in this Court, two (2) days before
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the original hearing on the Motion for Order Appointing Receiver in this Court and just five (5)
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days before the stay pn the enfprcement pf the Judgment in Nevada expired.
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Cpurt fpr Clark Cpunty, Nevada, entitled TCA Global Credit Master Fund, LP., Plaintiff v.
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reverse alter ego, appointment of a receiver and injunctive relief ("Fraudulent Conveyance
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Actipn"). A tme and cprrect copy of the Fraudulent Conveyance Actipn is attached heretP as
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Exhibit "F" and is incprpprated by reference herein as thpugh fully set fprth. The Fraudulent
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On September 22, 2016, Judgment Creditpr alsp caused Nptices pf Lis Pendens tp
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be recprded in the Dpuglas Cpunty Recprder's Office in Nevada pn the Stateline and Zephyr
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Cpve prpperties. Tme and cprrect cppies pf the Nptices pf Lis Pendens are attached heretp
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respectively as Exhibits "G" and "H" and are incprpprated by reference herein as thpugh fully set
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forth.
8214-001
13.
Judgment Creditpr has detennined tiiat Judgment Debtpr MYECHECK, INC. held
titie to a piece of real property in Califpmia: 1743 Tertacina Dr., El Dpradp Hills, Califpmia
(hereinafter the "Terracina Prpperty"). Hpwever, the grant deed errpnepusly lists the name pf the
pwner pf the Terracina Prpperty as "MYCHECK, INC." Spmehpw, between the pffer tp
purchase the prpperty and the preparatipn pf the Grant Deed, the name MYECHECK, INC.
became MYCHECK, INC. There is np entity called "MYCHECK, INC." However, as shown
below, it is clear that the transactipn was a purchase pf the Terracina Prpperty by MYECHECK,
INC.
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I have obtained copies of the escrow and title company files regarding the
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purchase of the Terracina Prpperty pursuant tp a subppena duces tecum. On March 28, 2014, a
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Grant Deed was recprded in the County of El Doradp for the Terracina Property in the name of
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the non-existent entity "MYCHECK, INC." A true and correct copy pf the Grant Deed is
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attached heretp as Exhibit " I " and is incprporated by reference herein as thpugh fully set fprth.
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However, the Residential Purchase Agreement dated Febmary 11, 2014 in the
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escrow file shows that tiie buyer pf the Terracina Property was MYECHECK, INC. EDWARD
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STARRS executed the Agreement pn behalf of MYECHECK, INC. A tme and correct cppy pf
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the Residential Purchase Agreement is attached heretp as Exhibit "J" and is incprpprated by
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In additipn, the Addendum tp Cpntract dated Febmary 13, 2014 in the escrpw file
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shpws that tiie buyer pf the Terracina Property was MYECHECK, INC. EDWARD STARRS
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executed the Addendum tP Cpntract on behalf of MYECHECK, INC. A true and cprrect cppy pf
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the Addendum to Cpntract is attached heretp as Exhibit "K" and is incorpprated by reference
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A letter dated Febmary 11, 2014 frpm Vantex Mprtgage Grpup and addressed tp
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STARRS pf MYECHECK, INC. was alsp in the escrpw file. The letter appears tP be a Ipan pre-
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apprpval letter and states, "Thank ypu fpr the ppportunity tp wprk with ypu fpr ypur prpposed
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new Ipan for the cprpprate purchase pf the prpperty Ipcated at 1743 Terracina Dr in Eldbradp
8214-001
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SUPPLEMENTAL DECLARATION IN SUPPORT OF MOTION FOR APPOINTMENT OF
RECEIVER
Hills, CA." A tme and correct copy pf the Febmary 11, 2014 letter is attached heretp as Exhibit
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The escrpw file also contained a number of dpcuments relating tP the cprpprate ,
status pf MYECHECK, INC. and/pr its cpimectipn tp STARRS which suppprt the cpntentipn that
the prpperty was being purchased by MYECHECK, INC. and npt npn-existent entity called
MYCHECK, INC.:
pf MYECHECK, INC. A tme and cprrect cppy pf the Amendment tP the Articles
pf Incprporation form the escrpw file is attached heretp as Exhibit " M " and is
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b. The escrow file contains a copy of an Emplpyment Agreement dated May 29,
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cprrect copy of the Emplpyment Agreement from the escrpw file is attached heretp
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as Exhibit "N" and is incprporated by reference herein as though fiilly set forth.
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tme and cprrect copy of the Consent to Action from the escrow file is attached
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heretp as Exhibit "O" and is incprpprated by reference herein as thpugh fiilly set
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fprth.
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December 20, 2013. A true and correct copy of the Application and Certificate of
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Reinstatement from the escrow file are attached heretp cpllectively as Exhibit "P"
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8214-001
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The escrpw file alsp cpntained a cppy pf the Preliminary Change pf Ovraership
Repprt (hereinafter"PCOR") dated March 15, 2014. Though the first page ofthe PCOR shpws
the buyer pf the Terracina Prpperty typewritten as "MYCHECK, INC.," pn the signature blpck pn
the secpnd page, "MYECHECK, INC." is handwritten under the signature pf STARRS.
MYECHECK, INC. is handwritten. A tme and cprrect cppy pf the PCOR is attached heretp as
Exhibit "Q" and is incprpprated by reference herein as thpugh fiilly set forth.
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the non-existent entity MYCHECK, INC., caused a deed to be recorded, purportedly transferring
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the Terracina Property from MY CHECK, INC. to an entity entitled " 1 st BASE TRUST" with
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EDWARD ROBERT STARRS listed as tiie tmstee of 1 st BASE TRUST. A tme and cprrect
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cppies of the deed transferring the Terracina Prpperty is attached heretp as Exhibit "R" and is
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incprpprated by reference herein as thpugh fiilly set forth. The deed states: "There is no
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In addition, the address for mailing tax statements on the deed states is in care pf
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Ed Starrs at 1743 Terracina Drive, El Dpradp Hills, Califomia 95762 rather than in care of the
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Tmst.
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The deed transferring the Terracina Prpperty was recprded almpst twp weeks after
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STARRS failed tp appear fpr his Judgment Debtpr Examinatipn in this Cpurt and a week before
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his Judgment Debtpr Examinatipn scheduled in the case pf Meegan, Hanschu & Kassenbrock,
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Plaintiff V. MyECheck, Inc., etc., et al. Defendants, El Doradp Cpunty Superior Court Case No.
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PC20110684. It is my understanding that STARRS failed to appear at the September 29, 2016
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Judgment Creditor has leamed that Judgment Debtpr GREENPAY, LLC pwns a
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condominium in Maui located at 10 Wailea Ekplu Pl., Kihei, Maui, Hawaii 96753. Judginent
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Creditpr dpmesticated the Judgment in Hawaii pn Octpber 12,2016. Judgment Creditpr is still
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8214-001
researching whether pr npt Judgment Debtpr GREENPAY, LLC has transferred this property as
well.
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Judgment Creditpr has leamed that Judgment Debtpr EDWARD STARRS pwns a
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A tme and cortect cppy pf the grant deed fpr the Nevada timeshare shpwing that it
was pwned by Judgment Debtpr EDWARD STARRS is attached heretp as Exhibit "S" and is
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be recorded, purportedly transferring the Nevada timeshare to an entity entitled "1 st BASE
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TRUST" with EDWARD ROBERT STARRS listed as the tmstee pf 1 st BASE TRUST. A tme
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and cprrect copies pf the deed transferring the Nevada timeshare is a:ttached heretp as Exhibit "T"
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and is incprpprated by reference herein as thpugh fiilly set fprth. The deed states: "There is np
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consideration for this transfer." In addition, the addresses for mailing tax statements fpr bpth pf
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the deeds are identical: Ed Starrs, 1743 Terracina Drive, El Dorado Hills, Califomia 95762 rather
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than in care of the Tmst. This is Judgment Debtor EDWARD R. STARRS' home address.
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The deed transferring the Nevada timeshare was recorded just twp (2) days befpre
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EDWARD R. STARRS' Judgment Debtpr Examinatipn in this Cpurt, twp (2) days befpre the
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priginal hearing pn the Mption for Order Apppinting Receiver in this Cpurt and just five (5) days
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It appears pn all four transfer deeds that after recprding, the deeds were tp be
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mailed tP an attpmey in El Doradp Hills by the name of David R. Morris pf the Mprris Law
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Grpup, PLC. Mr. Mprtis also served as the nptary pn bpth deeds.
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Since EDWARD R. STARRS failed tp appear fpr his examinatipn. Judgment '
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Creditor has scheduled a Third Party Examination of David R. Morris. That examination is
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scheduled in Dept. 45 pf this Cpurt on Octpber 28, 2016. Judgment Creditpr will be examining
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8214-001
David R. Mprris with respect tp thefransferpf the prpperties and is seeking tp pbtain cppies pf
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Debtpr MYECHECK, INC. filed its Annual Report (Fprm 10-K) with the Securities and
Exchange Cpmmission (hereinafter "SEC"). Under the "Financial Cpnditipn" sectipn pf the
Fprm 10-K, the company stated that as of December 31, 2015, it had cash and cash equivalents
totaling $5,425 and a working capital deficit of $2,945,710. Further, the company stated that the
"future ofthe Company as an operating business will depend pn its ability to obtain sufficient
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capital contributipns and/or financing as may be required to sustain its Pperations." In addition,
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the company stated that as it continues its activities, "we will continue tP experience net negative
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cash flpws frpm operations, pending receipt of significant revenues that generate a positive sales
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margin." And until the company "has achieved a sales level sufficient to break even, it will not
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be self-sustaining or be competitive in the areas in which it intends to pperate." Npne pf the real
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Judgment Debtpr MYECHECK, INC. has not filed any subsequent quarterly
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CONCLUSION
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Based uppn the extensive transfers of property by bpth MYECHECK, INC. and
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GREENPAY, LLC; the timing pf the transfers pf the prpperties; the lack pf cpnsideratipn fpr the
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transfer pf prpperties; the failure pf EDWARD STARRS, bpth individually and as CEO pf
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INC. tp file repprts with the SEC; the failure pf MYECHECK, INC. tp disclpse pwnership pf the
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real properties in SEC filings; and the precarious financial positipn pf MYECHECK, INC.,
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Judgment Creditpr submits that the apppintment pf a receiver is warranted and the mptipn shpuld
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be granted.
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8214-001
I declare under penalty pf perjury under the laws pf the State pf California that the
fprgping is tme and cPrtect and that this declaratipn was executed pn Octpber 18, 2016, at Irvine,
Califpmia.
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GLEN R.SEGAL
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8214-001
>=-fli^>^^'';.viNii,,v.. ii.>^,.i^:'.v.-i-'>?-;'
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.EXHIBIT-/^--:- -
;.;..,>..
.r
1
Case Number
3f 2016-00191403-CU-EN
Defendant MyECheck
F Height
Eye Color:'
it'
Hair Color: j m f
Race: C/Uxd*
Age:
Date of Birth:
Other:
The last known address ofthe person to be arrested is:
1743 Terracina Drive, El Dorado H i l l s , CA 95762
Paga 1 of 2
Civil
Urgency Finding:
LOCATION:
ReasonforArrest
, served on
Failure to Appear Notice was not issued due to Hbe urgency of the person's
immediate presence (CCP 1993(a)(2).)
Other (speciiy):
BaH:Setat$
(Court Seal)
Expiration:
Page 2 of 2
EXHlBlfeB
DOC #
848569
0 8 / 2 6 / 2 0 1 4 08:53AM D e p u t y : PK
O F F I C I A L RECORD
Requested By:
Stewart T i t l e - Carson
Douglas County - NV
Karen E l l i s o n - Recorder
Page: 1 o f . 2
Fee:
$15.00
BK-814 PGy59A0 RPTT: 2593.50
A.P.N. No.:
1319-30-712-007
R.P.T.T.
$2,593.50
Escrow No.: 01415-12377
Recording Requested By:
Stewart Title
Same as below
Mail Tax Statements To:
When Recorded Mali To:
GreenPay LLC/Edward Starrs
P.O, Box 10712
Zephyr Cove, NV 89448
""X \
THIS INDENTURE WITNESSETH: That Charles^'F. P a i n l and JudUh s Y a i n e , Trustess of the Paifte^
Family Trust dated December 14, 1978 for valuable consideration, this receipt of whicli is herebyy
acltnowledged, does hereby Grant, Bargain,%ell a^^Convey to Gre^enPa^ LLC, a Wyoming LLCxaff
that real property situated In the County of Douglas, State of Nevada, bounded and described as follows:
X \
/ /
Lot 121, Unit D Tahoe Village Unit No. 1, an amended,|/iap of ,^lpine Village Unit No. 1, filed in the Office
of the County Recorder of DouglasC.ounty, Nevada on Becembe'r 7, 19'f 1, as File No. 55769.
Together with all and singular Uje'fehemerits,Jhereditai^ents and^ppurteriances thereunto belonging or in
anywise appertaining, and a^y reversions, remai^ers, f ^ ^ , issues^or pro^s thereof,
Dated:
,r^f^
/ ^ f t o f h - r g f
f A i ^ C K V^^^^^^^Ot
V ^ ^ i ~
Notary^EubliG--"
(One inch Margin on all sides of Document for Recordei's Use Only)
Page 1 of 1
BK 814
PG-5911
Illllll Illlllllllllllll2 IIII08/26/2014
848569 Page: 2 of
'/>'iii/. TVirii[.'XHi,i'.*.iL^i'Li-'w\F'iu\ni.Tj/ti.ifwW3truy.v,y^fUi.rrwfTjf,j^^^
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State of California
CALIFORNIA ALL-PURPOSE
County of .
CERTIFICATE O F
A C K N O W L E D G M E N T
personally appeared
Pal
QW^YU^
i^^ ^
'J\/d'\'ti]
\p^in^
who proved to me on the basis of satisfactory evidence to be the persOn(sLwl^se name(s)^is/are subscribed to
the within instrument and acitnowledged to me that he/she/they executecl*"the,same in his/her/their
authorized capacity(ies), and that by his/her/their signati|jre''(s) on the ilris|rument the pers6h(s), or the entity
upon behalf of which the person(s) acted, executed thelnstrupnentx^
OANALYNH NRG
COMM. *2074020 x
NetinrPuUle-Califomli 3
Orange County
Signature
(Seal)
OPTIONAL INFORMATION
in \his section is not required by law, it ^^uldI prevent fraudulent
Although
the / nformatlon
document
and may prove usefulI toipersons relying
acknowledgmei ent to.an unauthorized
D e s c r i p t i o n cf.Atitachejd D o q u m e n t
Additional
Method of Signer
The pteceding Certificate of AcknowledgmehtJs attached to,s docunhent
Information
Identification
p^Y^C\\'^/
containing
/T
Page #
lnclividual(5},^
Att6r!|ey-in-FacK^
Corporate Of(icef(5r-'',^t..
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Ent-y #
Notary contact;
Other
[ J Additional SIgnerts)
,
Tltle(s)
Q SlgnerCsjThumbprlntts)
I I Guardian/Conservator
Partner-Limited/General
Tru5lee(5)
IZI Other
representing:
Copyright 2007-2013 Notary Rotary, Inc PO Box^HOO. Des Moines, lA 50311-0507. All Rights Reserved. Item Nunnber 101772, Please contact your Authorized Reselleno purchase copies of this form.
v.,I
EXHIBIT C
DOC #
845260
0 6 / 2 6 / 2 0 1 4 03:36PM D e p u t y : SG
O F F I C I A L RECORD
Requested By:
Stewart T i t l e - Carson
A.P.N. No.:
1318-15-110-002
R.P.T.T.
$4,894.50
Escrow No.: 01415-11389
Recording Requested By:
Douglas County - NV
Karen E l l i s o n - Recorder
Page: 1 o f
2
Fee:
$ 1 5 . 00
BK-614 PG-64#3 RPTT: 4 8 9 4 . 5 0
Stewart Title
Mail Tax Statements To:
Same as below
When Recorded Mail To:
GreenPay LLC, a Wyoming Limited liability
Company
'
1743 Terracina Drive
El Dorado Hills, CA 95762
Together with all and singujaf the tenements,Jhereditarr!ents and'appurteqances thereunto belonging or in
anywise appertaining, and4ny reversions, rernainders, rents, issues^r profits thereof
Dated:
tour^ofJ>>JAk_
/ ^
day of
Signati
itaw PQbliciO
OLc/ljg,.
DENA REED
Notary Public State of Nevada
No. 03-80676-S
Mv.Appl. Exp, March 14,2015
(One inch Margin on all sides of Document for Recorder's Use Only)
BK 614
PG-6444
845260 Page: 2 of 2 06/26/2014
EXHIBIT "A"
LEGAL DESCRIPTION
File Number: 01415-11389
PARCEL NO. 1
Unit No. 2, as shown on the official plat of PINEWILD, A CONDOMINIUM, filed for record in the
office of the County Recorder, Douglas County, Nevada, on June 26, 1973, as Docurnent No.
67150.
.
\
\
PARCEL NO. 2
The exclusive right to the use and possession of those.certain-patio areas adjacenti^ said'units
designated as ""Restricted Common Areas"" on the/Subdivision^ap referred to in Parcel Noxl
above.
\
PARCEL NO. 3
An undivided interest as tenants in common in and to tiaat portions thp real property described
on the Subdivision Map referred to in Parcel Nc^^abovfei^defined irythe Amended Declaration
of Covenants, Conditions and Restrictions of Pinewiid A Condomipium Project, recorded March
11,1978, in Bool< 374 of Officiai-'ReTOrHg'at-.l^ge 193?%l-imitedJ3ommon Area and thereby
allocated to the unit described in Parcel No. 1, above ancl^excepting unto Grantor non- exclusive
easements for ingress ajid egpes's, utility sevices, support encroachments, maintenance and
repair over the commo|i areas defined and setAirth inlaid Declaratioh^pf Covenants,
Conditions and restrictions/
PARCEL NO. 4
Non-6xclusive*e,asemer|ts appurtenant to Parcel No. 1|aboye, for ingress and egress, utility
servi9gst^uppoft^encroachmehts maintenance and repair over the Common Areas as defined
and^-set fojjh^in'the^Declaration ofCovenants, Condj^tions.jand Restrictions of Pinewild, more
particularly described in the'^description of Parce^No. 3, above.
(One Inch Margin on all sides of Document for Recorder's Use Only)
EXHIBIT D
DouGLAscouN
2016-887246
Rec:$14,00
Total:$14.00
09/07/201612:23 PM
MORRIS LAWGROUP. PLC
Pgs=2
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
David R. Morris
Morris Law Group, PLC
5137 Golden Foothill Parkway, Ste. 110
El Dorado Hills, CA, 95762
iii
00042379201608872460020021
E07
Ed Starrs
1743 Terracina Drive
El Dorado Hills, CA 95762
TRANSFER DEED
APN: 1319-30-712-007
(Excluded from Reappraisal Under Proposition 13, i.e., Calif. Const. Art 13A1 et. se'q^)-*.,^*^
The undersigned Grantor(s) declare(s) under penalty of perjury that the following is true and cdrfect:-.
THERE IS NO CONSIDERATION FOR THIS TRANSFER.
""""^
Documentary transfer tax is $0. Transfer into a trust (R&T Code'f 11930)
GRANTOR: GreenPay LLC, Edward Robert Starre/Manager,
hereby GRANTS to: l " Base Trust, Edward Rob^ Starrs, trustee,
ali that real property situated in the County of D^iii^as,, State ofj^evada, bounded and described as
follows:
Lot 121, Unit D Tahoe Village Unit'^N'oTl'and^^amended Map of Alpine Village Unit No. 1, filed in the
Office of the County Recorderof Douglas County, Nevad^on December 7,1971, as File No. 55769.
More commonly known as: ^432A#Quaking Aspen^L^e, Stateline, N'^8944.^
Dated: July 19, 2016
Edward Robert^tarrs, Grantor
A notary publicor other officer completi^*^is certificate verifies only the identity of the Individual who signed
the document to whiclfihis certificatejs attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
/
COUNTY OF EL DORADO
Oti^thisiJ,uly 19,2016, before me, I|avid|Reid Morris, Esq., Notary Public, personally appeared Edward
Robert Starrs, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their auth^ized^capacity(ies), arid that by his/her/their signature(s) on the instrument the person(s), or
the entity upon .behalf of'which the,person(s) acted, executed the instrument.
I certify under penalty of peijury under the laws of the State of Califomia that the foregoing is .e and
correct.
__
.SEAL MViOREIOMOHHIb
x v e n /
WITNESS.
nmn I
BOMHCOMV
STATE OF NEVADA
DECLARATION OF VALUE
1. Assessor Parcel Number (s)
3^1319-30-712-007
b)
c)_
2. Type of Property:
c)W
o)Q
9)0
oa
Vacant Land
Condo/rwnhse
Apt. Bldg,
Agricultural
Other
b)
d)
h)
o
a
a
a
FOR RECORD]
RDERS OPTIONAL USE ONLY
Notes:
\"
If Exemption Claimed:
\ .
a. Transfer Tax Exemption, per NRS 375.090, Section:
b. Explain Reason for Exemption
A mere change transfening from'S^llCe'to
Partial Interest: Percintage-bTeind'transferri^d:
100
\~
additional'^amount owed,
/
y
/Signature
signature
C a p a c i t y Grantee
Capacity
B U Y E R ( G R A N T E E ) INFORMATION
(REQUIRED)
(REQUIRED)
tPrlntiiName;
'Address:
City:
State
GreenPay LLC
^L/bDnjU/
.Zip:
...
)Jim
Print Name: 1
P(2eje^
hr^iJjJto'T'
Address: /7VC? -T^/utiind.
'I\A
City:
U hxuJe,
//./A
State:
(A
Zip:
^TXl^
COMPArilY/PERSON R E Q U E S T I N G R E C O R D I N G
(REQUIRED IF NOT THE'SFl'l ER OR BUYER)
Print Name:
Edward
Robert Starrs
1743 Terracina
Drive
Address:
El Dorado Hills
City
State:
CA
Escrow^
Zip:
95762
EXHIBIT E
DouGLAscouk
2016-887245
Rec:$15.00
Total:$15.00
09/07/201612:23 PM
MORRIS LAWGROUP. PLC
Pgs=3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
David R. Morris
Morris Law Group, PLC
5137 Golden Foothill Parkway, Ste. 110
El Dorado Hills, CA, 95762
iii
0004237820160BB72450030031
KAREN ELLISON, RECORDER
E07
Ed Starrs
1743 Terracina Drive
EI Dorado Hills, CA 95762
TRANSFER DEED
APN: 1318-15-110-002
(Excluded from Reappraisal Under Proposition 13, i.e., Calif Const. Art 13A1 et. seq.)' -'>^.
The undersigned Grantor(s) declare(s) under penalty of perjury that the following is true and correStf
THERE IS NO CONSIDERATION FOR THIS TRANSFER.
Documentary transfer tax is $0. Transfer into a trust (R&T Code LI 930)
More commonly known as 60,0 USyHWY 50, Piney/ild #2>t^ephyr Cpve, NV 89448
Dated: July 19, 2016
A notary public^other^fficer completing this certificate verifies only the identity ofthe Individual who signed
thes docume^ to which.this-certificie is attached, and not the truthfijliiess, accuracy, or validity of that document.
STATE OF/CALIFORNIA
COUNTY OF EL DORADO
On thisyuly 19,2016, before me, David,Reid Morris, Esq., Notary Public, personally appeared Edward
Robert StaiTS, who proved to me on thi basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to*the within instrument and ac^owledged to me that he/she/they executed the same in
his/her/thejr authorized capacity(i^^, and'^that by his/her/their signature(s) on the instrument the person(s), or
the entity upon behalf ofwhichtne person(s) acted, executed the instrument.
I certify under pehally.otperjury under the laws of the State of Califomia that the foregoirjg4s true and
correct.
WITNESS
official seal.
OAVIOIIEBIIMIM
ciiHwmoii#m2ifi
fris, Esq., Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION
P/VRCEL NO. 1
Unit No. 2, as shown on the official plat of PINEWILD, A CONDOMINIUIVI, filed for^|;ecof;d in the
office ofthe County Recorder, Douglas County, Nevada, on June 26,1973, as Document No
67150.
PARCEL NO. 2
The exclusiverightto the use and possession of those^cerlainpatio^areas adjacentlosaid units,
designated as ""Restricted Common Areas"" on the^SGbdivision Mapfteferred to in Parcehf^o. 1
above.
\
PARCEL NO. 3
An undivided interest as tenants in common In an^to that portion c^f the pal property described
on the Subdivision Map referred to in Parcel No. 1^above)defined in the Amended Declaration
of Covenants, Conditions and Restrictions of Pinewiicl,\A Condominium Project, recorded March
11.1978, in Book 374 of Official RScofcirat-^e 193. '^Mmited Common Area and thereby
allocated to the unit describe^in Parcel No. 1, above and^)^epting^unto Grantor non- exclusive
easements for ingress and'egressfutility se^ices.^upport encroachments, maintenance and
repair over the common'areas^efined and set^fbrth iitsaid Declaration^of Covenants.
Conditions and restrictions.^/
X
\
X X
PARCEL NO. 4
Non-exclusK^e,|asemei^ts appurtenant to Parcel No. 1 above^, for ingress and egress, utility
servic^sfsupport^^ncroachmlnts maintenance and repair ovpr the Common Areas as defined
and,setfori:h IDtoe'Declarationbf<^ovenants, Conditio/is, aij'd
arfd Restrictions
F
of Pinewild, more
palticularly^escribed in the^(|escription of Parcel No.^3, above.
STATE OF NEVADA
DECLARATION OF VALUE
1. Assessor Parcel Number (s)
3)1318-15-110-002
b)
c)_
2. Type of Property:
Vacant Land
a)D
Condo/Twnhse
c)|ZI
CD
CJ
CD
Apt. Bldg.
Agricultural
Other
If Exemption Claimed:
a. Transfer Tax Exemption, per NRS 375.090, Section;
b. Explain Reason for Exemption:
_ X
A mere change \.rznBtemt\qS^om'^SZZC'\o^xic!'^t^V(\
^ Idnkstif
,
,,
(^nSideann^i'k:'
7 X .- N X
The undersigned declares anyacknowledges, under penalty of perjury, pursuant tbJNRS 37J
and NRS 375.110, thatjthe
provided is correct to
of their information anc
a e Qinformation
nrlfar.l^i
I A - .the^best
belief, and can be supported Iby documentation if called upon to st^bstantiate theJnfonnation
provided herein. Furthermore, the disallowance of any claimed exemption, or other determir
of additional tax due. mav result in a nenaltv of 10% of the tax due DIUS interest at 1 % o&t mi
\
Pureuant to NRS^375.03p, the^Buyer and Selli
aMbe Jokitly and severally liable for any
additional'arnount
^igpature.
J Capacity_
Signature
Capacity,
S E L L E R (GRANTOm INFORMATION
\
(REQUIRED)
I"
Priqt Name: GreenPay LLC
\ Address:
'^Clty:\
State: X ^
Print Name:
^^""'BctSg.'X/aiLifei'p
Address:
^7*/?
City:
tL l^ifuJo flius
T^J^J'AC
State:
CA-
Zip:
COMPANY/PERSON R E Q U E S T I N G RECORDING
(REQUIRED iFNQTTHESELtERdR BUYER)
/ j -
Escrow #
State:
Ok
Zip:
95762
EXHiaT F
Electronically Filed
09/21/2016 01:41:26 PM
BART K . LARSEN, ESQ.
10
Q
H
os
* **
11
TCA GLOBAL CREDIT MASTER FUND,
12 L.P.,
I 13
z
14
vs.
liability corporation, EDWARD R. STARRS,
h-l
743825-C
XXXI
Plaintiff,
c/5 s
CASENO. A-16DEPTNO.
COMPLAINT FOR;
(1) Fraudulent Conveyance Under NRS S
112.180;
(2) Fraudulent Conveyance Under NRS S
112.190;
(3) Reverse Alter Ego
(4) Appointment of A Receiver
(5) Injunctive Relief
Defendants.
Plaintiff, TCA GLOBAL CREDIT MASTER FUND, L.P. ("Plaintiff'), by and through
20 its undersigned attomeys of the law firm Kolesar &, Leatham, hereby complains and alleges
21 against Defendants GREENPAY LLC, a Wyoming limited liability corporation ("Greenpay"),
22 EDWARD R. STARRS, an individual ("Starrs"), and EDWARD STARRS as Trustee of l'^
23 BASE TRUST ("FBT"); and DOES 1 through 10, inclusive (collectively Defendants"), as
24 follows:
25
26
1.
THE PARTIES
TCA GLOBAL was formed in the Cayman Islands, a foreign state, is sui juris,
27 and has at all relevant times, maintained its principal place of business in the Cayman Islands.
28 Plaintiff is managed by Trafalgar Capital Advisors, Inc. d/b/a TCA FUND which itself maintains
2215490(9145-20)
Page 1 of 9
2
3
2.
company formed and existing under the laws of the State of Wyoming.
3.
5 Califomia.
6
4.
Upon information and belief. Defendant FBT is a trust, of which STARRS is the
5.
Plaintiff does not know the tme names or capacities of DOES 1 through 100,
trustee.
inclusive, and sues such Defendants by such fictitious names. Plaintiff is informed and believes
10 and thereon alleges that each of the fictitiously named Defendants is responsible for and/or
11
caused the damages herein alleged and/or claims an interest in the property that is the subject of
12 this Complaint.
^ s s
13
< 5 | i 2 14
6.
Jurisdiction is proper in the State of Nevada as the property that is the subject of
this Complaint is located within the State of Nevada, and each of the Defendants have
15 purposefully enters the State of Nevada and affirmatively directed their conduct and contact here,
Sl-'S 16
O
and the claims asserted herein arise firom that purposeful contact or conduct.
^ 17
18
GENERAL ALLEGATIONS
7.
On or about October 19, 2015, the Clerk of Broward County, State of Florida,
19 entered a FINAL CONSENT JUDGMENT (the "Florida Judgment") in favor of Plaintiff, and
20
against, inter alia, GREENPAY and STARRS. A copy of the original Judgment is attached
21
22
8.
Plaintiff had the Florida Judgment entered and domesticated in the Superior Court
23
of Califomia, County of Sacramento against, inter alia, GREENPAY and STARRS, on March 7,
24
2016 (the "Califomia Judgment"), in the amount of $588,683,79, with interest accming at the
25
rate of 10% per annum. Afile-stampedcopy of the Califomia Judgment is attached hereto as
26
Exhibit "2".
27
28
9.
Notice of the Califomia Judgment was served, inter alia, upon both GREENPAY
and STARRS, and Plaintiff has been actively seeking enforcement of the Califomia Judgment in
2215490(9145-20)
Page 2 of9
On or about August 11, 2016, pursuant to N.R.S. 17.330 et al, the Florida
Judgment was also domesticated in the District Court for Clark County, Nevada, Case No. A-16741473-F (the "Judgment"). Afile-stampedcopy of the Notice of Filing Foreign Judgment is
attached hereto as Exhibit "3".
11.
Notice of the Judgment was sent to, inter alia, both GREENPAY and STARRS.
12.
The Judgment was domesticated in the State of Nevada due, inter alia, to two
properties belonging to GREENPAY located in Douglas County Nevada: (1) 432 Quaking
Aspen Ln #D, Stateline, Nevada 89449 (the "Stateline Property"); and (2) 600 Highway 50 #2,
10 Zephyr Cove, Nevada 89448 (the "Zephyr Cove Property").
11
H
X
y(
ri
< < I
i
12
13
14
taken with respect to the Stateline Property, Plaintiff promptly recorded a Request for Notice. A
15
tme and correct copy of the recorded Request for Notice is attached hereto as Exhibit "4".
S 16
WR
13.
iS 17
18
19
20
15.
On September 12, 2016, Plaintiff recorded the Judgment against the Stateline
Property.
16.
On September 15, 2016, Plaintiff recorded the Judgment against the Zephyr Cove
Property.
17.
However, in preparing to record the Judgment against the Zephyr Cove Property,
21
PlaintifF leamed for the first time that, on September 7, 2016, STARRS had caused deeds to be
22
recorded transferring both the Stateline Property and the Zephyr Cove Property (collectively, the
23
"Properties") from GREENPAY to FBT. Tme and correct copies of the deeds transferring the
24
25
18.
26
27
28
Page 3 of9
Consequently, the Court ordered that a bench warrant be issued for STARRS' arrest, and set bail
at $10,000.
19.
On the same date, Plaintifif had a motion scheduled to be heard before the
Thus, STARRS caused GREENPAY to transfer the Properties on the eve of his
Califomia judgment debtor examination, the hearing regarding the appointment of a receiver
8 over GREENPAY in the Califomia Enforcement Action, and the commencement of Plaintiff's
9
10
OS
3 12
< j S S 13
X s^r
H S! 5 a
V3 S
WR
II
O
Each of the deeds plainly state: "There is no consideration for this transfer."
22.
STARRS signed both of the deeds as both the principal of GREENPAY and as
The addresses provided for each of the Defendants in both of the deeds are
^5 15
24.
16
25.
17
18
19
26.
20 25, inclusive, and by reference incorporates the same herein as though set forth in full.
21
27.
GREENPAY made the transfers of the Stateline and Zephyr Cove Properties as
22 herein allegeid with actual intent to hinder, delay or defraud Plaintiff and/or its other creditors.
23
28.
24
29.
Possession or control of the Properties did not change after the transfers.
25
30.
The transfers of the Properties were not disclosed and/or were concealed from
26 Plaintiff.
27
31.
28
32.
2215490 (9145-20)
Page 4 of9
33.
GREENPAY was insolvent and/or became insolvent shortly after the transfers
were made.
34.
35.
to incur attomeys' fees and costs in seeking to void the transfer of the Properties and/or to obtain
an order from the Court authorizing Plaintiff to levy execution on the Properties.
WHEREFORE Plaintiff respectfully requests that this Court enter a judgment in favor
of Plaintiff and against all Defendants that:
A.
Avoids the transfer of the Properties to the extent necessary to satisfy the
10
creditor's claim;
11
B.
3 12
C.
Awards judgment against Defendant FBT in an amount that is the lesser of (i) the
13
w ez ^ 14
15
us
^1
Judgment;
D.
Orders that Defendants shall pay both compensatory and punitive damages in
16
17
Orders that Defendants shall pay all of Plaintiff's reasonable attomeys' fees,
18
19
Awards Plaintiff such other and further relief as this Court deems just and proper.
20
21
22
36.
23 35, inclusive, and by reference incorporates the same herein as though set forth in full.
24
37.
25
38.
26
39.
Page 5 of9
40.
GREENPAY was insolvent at the time of the transfers and/or became insolvent as
42.
to incur attomeys' fees and costs in seeking to void the transfer of the Properties and/or to obtain
an order from the Court authorizing Plaintiff to levy execution on the Properties.
WHEREFORE Plaintiff respectfully requests that this Court enter a judgment in favor
of Plaintiff mid against all Defendants that:
A.
creditor's claim;
10
Q
H
i
r3 w
E-i S!
< <Z
W2
tn s
WR
O
Avoids the transfer of the Properties to the extent necessary to satisfy the
11
B.
12
C.
Awards judgment against Defendant FBT in an amount that is the lesser of (i) the
13
14
Judgment;
D.
15
Orders that Defendants shall pay both compensatory and punitive damages in
accordance with the proof adduced;
16
E.
17
Orders that Defendants shall pay all of Plaintiffs reasonable attorneys' fees,
paralegals' fees, costs and expenses incurred in this action; and
18
F.
19
Awards Plaintiff such other and further relief as this Court deems just and proper.
20
21
22
23
42, inclusive, and by reference incorporates the same herein as though set forth in full.
24
44.
25
45.
26
46.
FBT and STARRS share such unity of interest that one is inseparable from the
27
other.
28
2215490(9145-20)
Page 6 of9
47.
Adherence to the fiction of FBT as an entity distinct from STARRS would, under
B.
C.
D.
Orders that Defendants shall pay all of Plaintiffs reasonable attomeys' fees,
paralegals' fees, costs and expenses incurred in this action; and
10
Q
H
X o
US
Sis
we..
12
14 47, inclusive, and by reference incorporates the same herein as though set forth in full.
15
49.
16 receiver to take charge of the Properties transferred and/or of other property of the FBT.
Si
o
Awards Plaintiff such other and further relief as this Court deems just and proper.
11
13
^1
< <
|
E.
'
17
50.
Pursuant to N.R.S. 32.010(1), (3), (4) and (6), Plaintiff is entitled to the
18 appointment of a receiver to subject the Properties to Plaintiffs claim, to secure the Properties
19
20
21
22
for that purpose, to enforce the Judgment, and to aid in the execution thereof
WHEREFORE Plaintiff respectfully requests that this Court enter a judgment in favor
ofPlaintiffand against the Defendants that:
A.
Appoints a receiver to take possession of the Properties and/or other assets of the
23
Defendants up to the amount of the Judgment, and to aid in the execution of the
24
Judgment with respect to such property as more specifically set forth in an order
25
appointing a receiver; and that authorizes the receiver to take such action as may
26
27
B.
28
Orders that Defendants shall pay all of such receiver's fees, costs and expenses
incurred in connection with the receivership;
2215490(9145-20)
Page 7 of9
C.
Orders that Defendants shall pay all of Plaintiffs reasonable attorneys' fees,
paralegals' fees, costs and expenses incurred in this action; and
D.
Awards Plaintiff such other and fiirther relief as this Court deems just and proper.
FIFTH CAUSE OF ACTION
(Injunctive Relief - all Defendants)
51.
50, inclusive, and by reference incorporates the same herein as though set forth in full.
52.
further disposition by any of the Defendants of either the Properties or other property.
10
Q
H
X e
i se\ pT
e
1/5
< <
11
prohibiting Defendants from any fiirther transfer of the Properties and/or of any other assets that
12
oe 5^
13
> r?
Z -
14
15
:3M
53.
16
? 17
54.
For the Defendants to engage in any further transfers of assets would produce
18
order and preliminary and permanent injunctions, restraining and enjoining Defendants and their
19
agents, servants and employees, and' all those acting in concert with them, and each of them,
20
from interfering with or hindering in any manner whatsoever, the receiver in the performance of
21
22
57.
23
that Plaintiff seeks to enjoin. Accordingly, Defendants will face no hardship or prejudice if
24
25
26
27
WHEREFORE Plaintiff respectfiilly requests that this Court enter a judgment in favor
of Plaintiff and against the Defendants that:
A.
28
2215490(9145-20)
Page 8 of 9
B.
Enjoins Defendants and their agents, servants and employees, and all those acting
in concert with them, and each of them, from interfering with or hindering in any
C.
Awards Plaintiff such other and further relief as this Court deems just and proper.
10
11
X
2 ft
X a
W 2 Is;
< <
12
13
14
15
16
U R
17
18
19
20
21
22
23
24
25
26
27
28
2215490(9145-20)
Page 9 of9
Exhibit "1"
(Florida Judgment)
STATE OF FLORIDA
)
COUNTY OF BROWARD)
/ HEREBY CERTIFY that the above and foregoing is a true and correct
copy of 15-12743-08 TCA GLOBAL CREDIT MASTER FUND, LP., VS
MYECHECK, INC; GREENPAY LLC, BRUCE M SMITH, AND EDWARD R
STARRS CERTIFIED COPY OF FINAL CONSENT JUDGMENT
As FILED IN MY OFFICE,
WITNESS my hand and Official Seal in the City of Fori Lauderdale, Florida this
4"' day of NOVEMBER A.D., 2015.
HOWARD C. FORMAN
day of j ^ I ^-^.O., ^0 ^
JUDGE OF THE
CIRCW
STATE OF FLORIDA
)
COUNTY OF BROWARD )
I , CLORA B PERRY Deputy Clerk of the Circuit Court in and for the
County of Broward, State of Florida, DO HEREBY CERTIFY this the Honorable
DALE ROSS, Judge of the Circuit court of the Seventeenth Judicial Circuit in and
for Broward County, duly
signature to the foregoing, certificate and attestation is genuine and in his or her
own proper handwriting and that full faith and credit are due and ought to be
given lo all of his or her official acts as well in courts of judicature as
elseware. .
IN TESTIMONY WHEREOF, I
have unfoj^
A.D.
(. ,.)
otherwise contest the validity of this Final Consent Judgment, and being otherwise duly advised
in the premises, it is hereby:
ORDERED that Defendants Myecheck, Inc., Greenpay LLC, Bruce M. Smith, and
Edward R. Stairs, are jomtly and severally hable to the Plaintiff TCA Global Credit Master
Fimd, L.P. for all amoimts due and owing under the Purchase Agreement for the Aggregate
Amounts Due of Five Hundred and Seventy Seven Thousand Three Himdred and Fifty Eight
Dollars and Sixty One Cents (8577,358.61) which includes principal, interest, pre-judgment
interestJit:l&^efaultll4e of 18% per ^num (.0005 daily rate expressed as a decimal), for the
between the date of the d/fault on July 30, 2015 through to October 6, 2015 plus
1 tbefiling ofthe Motion and the entry of the Final Consent
Judgment, plus {jost-juJ^gd^nt interest thereon at the rate of 4.75% per annum (.0001319 daily
^imal) remaining due and owing to TCA Fund under the terms of the
Purchase Agreement, for which amount let execution issue.
IT IS FURTHER ORDERED tiiat Plaintiff TCA Fund is hereby awarded its reasonable
attorneys' fees and costs, the amount of which shall be detennined pursuant to a separate, timely
filed Motion for Attomey's Fees and Costs.
IT IS FURTHER ORDERED that Defendants Myecheck, Inc., Greenpay LLC, Bruce
M. Smith, and Edward R. Starrs shall each cooperate with the Plaintiff, and provide any and all
reasonable and proper discovery requested by the PlamtiiT, including, but not liinited to,
discoveiy conceming their financial condition and abiUty to pay this Final Judgment.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over die parties for
all purposes relating to the Consent, including, but not limited/tft dj|i^est%;^emait;ofthi^^ Final
^
/7
_ i
BROWARD COUNTY
and Jiie In the offlee/l
County, Fioficla.
WITNESS my I
Florida, this tho i
'i,
Consent Judgment.
DONE AND ORDERED in Chambers this
day of
DALE ROSS
CIRCUIT COURT JUDGE
, 20_
Exhibit "2"
(California Judgment)
-Btia/ENDORSED
MAR - 7 2016
K Rodrigiuez
County of Sacramento
720 Ninth Street, Room 102
Sacramento, CA 95814-1380
(916) 874-5522
Case Title
cs>Ko.3-^-^o/i,-oa/f/^<^-2>
MYECHACK, INC., et
al..
An application has been filed for entry of Judgment based upon Judgment entered in the State of:
FLORIDA
,
. J
^
.r^ u
MYECHECK, INC., GREENPAY LLC, BRUCE M. SMITH,
and against Defendant/Judgment Debtor: FP'JAPP P PTAPV^
for the amount shown in the application remaining unpaid under the Sister State Judgment:
S ^gl.lll.AA
Judgment Amount
Principal:
$ , 581,111.
Interest
(pursuant to
declaration)
7.137.35
Costs
435.00
Attorney Fees
0.00
Total
588,683.79
P. RODRIGUEZ
MAR - 7 2016
Deputy Clerk
Date
CCP 1710,25
CV/E-123 (REV, 03,07,06)
Exhibit "3"
(Judgment)
Electronically Filed
08/11/2016 10:26:31 AM
NOFA
3
4
5
6
7
8
DISTRICT COURT
10
11
.- m n
<^SS
12
13
S f ^ l 16
OS
iS 17
18
Plaintiff,
14
15
CASENO. A-16-741473-F
vs.
MYECHECK, INC., a Wyoming corporation;
GREENPAY LLC, a Wyoming limited
liability corporation, BRUCE M. SMITH, an
individual, and EDWARD R. STARRS, an
individual,
Defendants.
19
20
21
PLEASE TAKE NOTICE that the Judgment Creditor TCA GLOBAL CREDIT
22
MASTER FUND, L.P. ("Judgment Creditor"), by and tiirough its undersigned counsel of record
23
of the law firm Kolesar & Leatham, pursuant to the Uniform Enforcement of Foreign Judgments
24
Act (Chapter 17 of the Nevada Revised Statutes, and specifically N.R.S. 17.330, et seq.), has
25
26
1.
27
Enforcement of Foreign Judgments Act (the "Application"), a true and correct copy of which is
28
Page 1 of3
2.
3.
5 Exhibit "3."
6
Please note that the above-referenced Judgment being filed witii this Court is in favor of
7 the Judgment Creditor, and against Judgment Debtors MYECHECK, INC., a Wyoming
8 corporation; GREENPAY LLC, a Wyoming limited liability corporation, BRUCE M. SMITH,
9 an individual, and EDWARD R. STARRS, an individual.
10
11
KOLESAR &LEA1
12
13
By.
18
19
20
21
22
23
24
25
26
27
28
21B4711 (9145-20)
Page 2 of3
CERTIFICATE OF SERVICE
I hereby certify that I am an employee of Kolesar & Leatham, and that on the 11"' day of
August, 2016, I caused to be served a true and correct copy of foregoing Notice of Filing of
(ELECTRONIC SERVICE)
referenced document was electronically filed on the date hereof and served through the Notice of
Electronic Filing automatically generated by that Court's facilities to those parties listed on the
(UNITED STATES MAIL) For those Parties not registered pursuant to Administrative
10
Order 14-2, service was made by depositing a copy of the above-referenced document for
mailing in the United States Mail, first-class postage prepaid, at Las Vegas, Nevada, to the
parties listed below at their last-known mailing addresses, on the date above written:
~ m
<?8S
13
14
^ | | |
15
os r
^ '
MyECheck, Inc.
c/o Edward R. Starrs, President
2600 E. Bidwell St., Suite 140
Folsom, CA 95630
Greenpay, LLC
c/o Edward R. Starrs, Interim CEO
829 W. Palmdale Blvd., #68
Pahndale, CA 93551
MyECheck, Inc.
c/o Edward R. Starrs, President
1712 Pioneer Ave., Suite 500
Cheyenne, WY 82001
iS 17
18
19
20
21
22
MyECheck, Inc.
c/o Edward R. Starrs, President
1101 Investment Blvd, Suite 125
El Dorado Hills, CA 95762
Greenpay, LLC
c/o Edward R. Starrs, Interim CEO
2600 E. Bidwell St., Suite 140
Folsom, CA 95630
23
/s/Mary A. Barnes
An Employee of KOLESAR & LEATHAM
24
25
26
27
28
2184711 (914S-20)
Page 3 of3
Exhibit "1"
Electronically Filed
08/10/2016 09:48:18 AM
1 AFJ
2
2 !
^12
< f a S 13
3 6 S
o
14
vs.
5
Q:^I ^ "I
^
5 17
18
CASE NO. A - 1 6 - 7 4 1 4 7 3 - F
DEPT NO. X V I I
APPLICATION FOR DOMESTICATION
OF FOREIGN JUDGMENT PURSUANT
TO UNIFORM ENFORCEMENT OF
FOREIGN JUDGMENTS ACT
Defendants.
19
20
21
22
23
24
25
26
27
28
Page 1 of2
Accordingly, giving fullfeithand credit to the State of Florida, the attached Judgment is
KOJ-'SSAR&LE^
6
7
By.
BARTK. LARSEN, ESQ.
10
11
12
^11^ 14
^ 9 P 15
< i^i
16
18
19
20
21
22
23
24
25
26
27
28
2184899(9149-20)
Page 2 of2
Exhibit "1"
Exhibit "1"
STATE OF FLORIDA
)
COUNTY OF BROWARD)
/ HEREBY CERTIFY that the above and foregoing is a true and correct
copy of 15-12743-08 TCA GLOBAL CREDIT MASTER FUND, LP., VS
MYECHECK. INC; GREENPAY LLC. BRUCE M SMITH, AND EDWARD R
STARRS CERTIFIED COPY OF FINAL CONSENT JUDGMENT.
As FILED IN MY OFFICE.
WITNESS my hand and Official Seal in the City of Fori Lauderdale, Florida this
4^" day of NOVEMBER A.D.. 2015.
HOW.4RD C. FORMAN
par* Circuit Court
tty-hepuly CQrk
Deputy Clerk
STATE OF FLORIDA
)
COUNTY OF BROWARD)
I, DALE ROSS Judge of the Circuit Court of the Seventeenth Judicial
Circuit, in and for Broward County, Florida, DO CERTIFY that CLORA B
PERR Y_whose name is subscribed to Ihe aforegoing certificate and attestation is
the duly appointed Deputy Clerk of the Circuit Couri of the Seventeenth Judicial
Circuit in and for Broward County, Florida, and the seal thereto affixed is Ihe
genuine seal of the said Court, and thai the said certificate and attestation are in
due form and made by the proper officer, and that full faith and credit are due and
ought lo be given to all the official acts of said Clerk, as well in courts of
judicature as elsewhere.
IN TESTIMONY WHEREOF,
day of j ^ I ^-^.D., ^0 ^ .
STATE OF FLORIDA
)
COUNTY OF BROWARD )
I , CLORA B PERRY Deputy Clerk of the Circuit Court in and for the
County of Broward, State of Florida. DO HEREBY CERTIFY this the Honorable
DALE ROSS, Judge of the Circuit court ofthe Seventeenth Judicial Circuit in and
for Broward County, duly
signature lo the foregoing, certificate and attestation is genuine and in his or her
own proper handwriting and that full faith and credit are due and ought lo be
given lo all of his or her official acts as well in courts of judicature as
elseware.
IN TESTIMONY WHEREOF. I
have un/^.J^
A.D. . 20
J
FINAL CONSENT JUDGMENT
THIS MATTER came before the Court upon the Ex Parte Motion of Plaintiff TCA
Global Credit Master Fund, L.P. ('TCA Fund") for Entty ofthe Final Consent Judginent (the
"Motion"), TCA Fund's Declaration of Non-Compliance, and the consent to entry of a Final
Consent Judgment by consent-party Defendants Myecheck, Inc., Greenpay LLC, Bruce M.
Smith, and Edward R. Starrs, (collectively, the "Defendants" and with TCA Fund, collectively,
the "Parties"), as embodied in the First Amendment to Credit Agreement (the "Consent"), and
the Court, ailer considering the Motion, the Declaration of Non-Compliance, and the Consent, in
which the Defendants, inter alia, consent to the ex parte entry of this Final Consent Judgment
holding them jointly and severally liable to TCA Fund, for all amounts due and owing under the
Puichase Agreement (the "Aggregate Amounts Due"), and waive Ihe making of anyfindingsof
fact and conclusions of law in this Final Consent Judgment, and waive therightto appeal, or
otherwise contest the validity of this Final Consent Judgment, and being otherwise duly advised
in the premises, it is hereby:
ORDERED that Defendants Myecheck, Inc., Greenpay LLC, Bruce M. Smith, and
Edward R. Starrs, are jointly and severally liable to the Plaintiff TCA Global Credit Master
Fund, LP. for all amounts due and owing under the Purchase Agreement for the Aggregate
Amounts Due of Five Hundred and Seventy Seven Thousand Three Hundred and Fifty Eight
Dollars and Sixty One Cents ($577,358.61) which includes principal, interest, pre-judgment
interest.al::t)Serdefault t^e of 18% per itrmum (.OOOS daily rate expressed as a decimal), for the
: between tiie date of the d/fault on July 30, 2015 through to October 6, 2015 plus
\ thefilingofthe Motion and the entry ofthe Final Consent
Judgment, plus [|ost-jui|gij^t interest thereon at the rate of 4.73% per annum (.0001319 daily
expresss(}.sK^|decima]) remaining due and owing to TCA Fund under the terms of the
Puichase Agreement, for which amount let execution issue.
IT IS FURTHER ORDERED that PlaintifT TCA Fund is hereby awarded its reasonable
attorneys' fees and costs, the amount of which shall be determined pursuant to a separate, timely
filed Motion for Attomey's Fees and Costs.
IT IS FURTHER ORDERED that Defendants Myecheck, hic, Greenpay LLC, Bruce
M. Snuth, and Edwaid R. Starrs shall each cooperate with the Plaintiff, and provide any and all
reasonable and proper discoveiy requested by the Plamtiff, includmg, but not limited to,
discoveiy concerning their financial condition and ability to pay this Final Judgment.
IT IS FURTHER ORDERED that this Court shall retain jurisdiction over the parties for
all purposes relating to the Consent, hicludhig, but not linuted/tailbQ'i3i^ftn(ement;of this Fmal
^
_ 4
/,
fi
OROWARO COUNTY
and file in tha ofljpeif
Counly, Florida.
WITNESS my
Florida, this tho
..'...CO/'*.
/"
Consent Judgment.
DONE AND ORDERED in Chambers this
day of
DALE ROSS
CIRCUIT COURT JUDGE
Copiesfiimishedto:
Copies fiunished to:
Carl F. Schoeppl, Esq.
Teny A. C. Gray, Esq.
SCHOEPPL & BURKE, P.A.
4651 North Federal Highway
Boca Raton, Florida 33431
Telephone: (561) 394-8301
Facsimile: (561) 394-3121
E-mail: cari@.schoepplburite.com
E-mail: tgrav@schoqaplbuike.com
Counselfor Plaintiff TCA Global Credit Master Fund, LP.
!' "'\
-
, 20_
(1
Exhibit "2"
Electronically Filed
08/10/2016 11:26:28 AM
DECL
BART K. LARSEN, ESQ.
5 Telephone: (702)362-7800
6 E-Mail:
7
LP.,
<;^8S 13
I II .15
Plaintiff,
^ C 5
CASENO. A-16-741473-F
vs.
18
Defendants.
19
20
21
22
23
24
1.
I am a shareholder with the law firm of Kolesar & Leatham and am counsel for
25 tiie Judgment Creditor, TCA GLOBAL CREDIT MASTER FUND, L.P. ("Judgment Creditor").
26
2.
Page 1 of3
3.
I am a resident oftiie State ofNevada, over twenty-one (21) years ofage, and am
in all ways competent to testily to die facts set forth in this Declaration. The facts contained
herem arc of my own personal knowledge, except where indicated otherwise.
4.
Upon information and belief, on or about October 19,2015, the Clerk of Broward
County, State of Florida, entered a FINAL CONSENT JUDGMENT (the "Judgment") in favor
of Judgment Creditor, and against Judgment Debtors MYECHECK, INC., a Wyoming
corporation; GREENPAY LLC, a Wyoming limited liability corporation, BRUCE M. SMITH,
an individual, and EDWARD R. STARRS, an individual (collectively, "Judgment Debtors"). An
exemplified copy of the Judgment is attached to the Application as Exhibit "1".
10
5.
Upon mformation and belief, the last known addresses of the Judgment Debtors,
18
19
Greenpay, LLC
do Edward R. Starrs, Interim CEO
2600 E. Bidwell St., Suite 140
Folsom, CA 95630
20
21
22
Greenpay, LLC
do Edward R. Starrs, Interim CEO
829 W. Palmdale Blvd., #68
Palmdale, CA 93551
23
24
25
26
27
28
Page 2 of3
1
2
3
4
5
6
7
6.
Upon information and belief, the Judgment is valid and enforceable against the
Judgment Debtors, and has not been satisfied eitiier in whole or in part.
7.
I declare under penalty of perjury, pursuant to the laws ofthe State ofNevada that
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2184707 (9145-20)
Page 3 of3
Exliibit "3"
Electronically Filed
08/11/2016 09:03:21 AM
AOS
BART K. LARSEN, ESQ.
6 E-Mail: blarsen@klnevada.com
7
ssherman@klnevada.com
11
12 TCA GLOBAL CREDIT MASTER FUND,
L.P.,
<:;-s^ 13
Plaintiff,
CASENO. A-16-741473-F
J
^ III 15
vs;
MYECHECK, INC., a Wyoming corporation;
S*^l 16 GREENPAY LLC, a Wyoming limited
liability corporation, BRUCE M. SMITH, an
5 17 mdividual, and EDWARD R. STARRS, an
uidividual.
18
19
20
21
AFFIDAVIT OF SERVICE
The undersigned hereby certifies that on the 11* day of August, 2016,1 served a copy of:
22 (1) the Application For Domestication of Foreign Judgment Pursuant to Uniform Enforcement of
23 Foreign Judgments Act; and (2) Declaration of Shlomo S. Sherman, Esq. in Support of
24 Application for Domestication of Foreign Judgment Pursuant to Uniform Enforcement of
25 Foreign Judgments Act (the "Domestication Documents"), by personally depositing copies oftiie
26 Domestication Documents in a mail box of the United States Post Office, enclosed in a sealed
27 envelope, postage prepaid, certified mail, retum receipt requested, addressed to the following at
28 their last known addresses:
2184710 (9145-20)
Page 1 of2
MyECheck, Inc.
c/o Edward R. Starrs, President
2600 E. Bidwell St., Suite 140
Folsom, CA 95630
2
3
MyECheck, Inc.
c/o Edward R. Stans, President
1712 Pioneer Ave., Suite 500
Cheyenne, WY 82001
4
5
6
MyECheck, Inc.
c/o Edwrard R. Starrs, President
1101 Investinent Blvd, Suite 125
El Dorado Hills, CA 95762
7
8
Greenpay, LLC
do Edward R Starrs, Interim CEO
2600 E. Bidwell St., Suite 140
Folsom, CA 95630
9
10
. Greenpay, LLC
c/o Edward R. Starrs, Interim CEO
829 W. Palmdale Blvd., #68
Palmdale, CA 93551
<-pSit 13
SS^I 16
Qi
i2 17
18
19
20
21
22
I declare under penalty of perjury, pursuant to the laws of the State of Nevada that the
foregoing is true and correcL
Executed on the / / day of August, 2016, in Las Vegas, Nevada.
23
24
25
KRISTINAR. COLE
NOTARY PUBLIC
2184710(9145-20)
Page 2 of2
Exhibit "4"
(Request for Notice)
DOUGLAS COUNTY. NV
2016-885856
Reo:$14,00
'
$14,00
Pgs=l
08/11/2016 03:20 PM
KOLESAR & LEATHAM. CHTD,
KAREN ELLISON, RECORDER
APN: 1319-30-712-007
RECORDING REQUESTED BY:
TCA GLOBAL CREDIT MASTER FUND, L.P.
WHEN RECORDED MAIL TO:
TCA GLOBAL CREDIT MASTER FUND, L.P.
c/o KOLESAR & LEATHAM
400 S. Rampart Blvd., Suite 400
Las Vegas, Nevada 89145
Attn: Shlomo S. Sherman, Esq.
REQUEST FOR NQXIC:
Under NRS Chjipfer 116
The undersigned is a person with an interest in tha?ftal ppperty described hYein, belonging to Grb^PayX
LLC. Pursuant to NRS 116.31168, the name o f ^ property owner is dVeenPay LLC, and the name of'-the/,
common-interest community is The Tahoe ViH^ge Hbqieowners Assojtiaticjn. This Request for Notice'
relates to any liens recorded against the property.
Accordingly, the undersigned hereby requests that a c^py orwvifotice/of default and a copy of any
notice of sale sent pursuant to NRS^hapietJ 16, including
but not l^jted
limited to NRS 116.31168, is mailed
ig^Dutnot
to the address listed below.
TCA GLOB
. sddress
forNoticesv
tress forNoticesL
TCXGLOBAL,CREDIT
By:
SHLOMO S. SHERK^NTESQ ATTOCM
DATED: August
2016
\
A nptary publjc-onSlKer officeKcompletijig this certificate verifies on)'y the identity of the individual who signed the
dpgimetiLto which this certificate's attacnbd. and not the truthtulne^s, accuracy, or validity of that document.
ESTATE OF NEVADA )
COUNTY OF CLARK )
I On August // . 2016, before me,
/ ^ . S M U E S Notary Public, personally appeared, SHLOMO
^ . SHERMAN, ESQ. who proved^ to mb on the basis of satisfactory evidence to be the person whose
name iWibscribed to the withirLnnstrument and acknowledged to me that he executed the same in his
aiitljoriz^*>^pacity, and that by/his signature on the instrument the person, or the entity upon behalf of
which^the pefsqnacted, exec^ited theonstiument. I certify under PENALTY OF PERJURY undertiielaws
of the State^NeVada-that1he^e|oing paragraph is true and correct.
WITNESS-myJiand and official seal.
MARY A BARNES
Signature of/Notary
Exhibit "5"
(Transfer Deed - Zephyr Cove Property)
DOUGLASCOUNTY.NV
Rec:$15.00
2016-887245
09/07/201612:23 PM
Tctal316.00
Pgs=3
MORRIS LAWGROUP, PLC
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
David R. Morris
Morris Law Group, PLC
5137 Golden Foothill Parkway, Ste. 110
El Dorado Hills, CA, 95762
00042378201608672450030031
KAREN ELUSON, RECORDER
E07
Ed Starrs
1743 Terracina Drive
El Dorado Hills, CA 95762
TRANSFER DEED
APN: 1318-15-110-002
(Excluded from Reappraisal Under Proposition 13, i.e., Calif. Const. Art 13A1 et. seqX""^
The undersigned Grantor(s) declare(s) under penalty of perjury that the following is trae and correcl
THERE IS NO CONSIDERATION FOR THIS TRANSFER.
Documentary transfer tax is $0. Transfer into a trust (R&T G
50rPinB^ildfe>^ephyrlSqve,N^f 89448
STATE OBCALIFORNIA
COUNTY OF EL DORADO
'
Oil this\^uly 19,2016, before me, DaviddReid Morris, Esq., Notary Public, personally appeared Edward
Rober^ Starrs, who proved to me on the ba^ls of satisfactory evidence to be the person(s) whose name(s) are
subscribed toHhe within instrument and acknowledged to me that he/she/they executed the same in
his/her/tneir authorized capacity(igs;, m i that by his/her/their signature(s) on the instrument the person(s), or
the entity u^wi behdlf<)|whigh'tfie pg:'K)n(s) acted, executedtiieinstrument.
I certify under p^al^.j)f.perjt]^ under the laws of the State of California that the foregoiijg4s true and
correct.
WITNESS
"3^tREnMMM
riir[niiiW2i7t
is, Esq., Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL NO. 1
Unit No. 2, as shown on the ofncial plat of PINEWILD. A CONDOMINIUM, filed forVecoijd In the
office ofthe County Recorder, Douglas County, Nevada, on June 26,1973. as Doci^meqt No,
67150.
PARCEL NO. 2
The exclusiverightto the use and possession of thosejcertaifij^kjareas adjaceiritto-s^ unlti
designated as ""Restricted Common Areas"" on the^Subdivision MapVfferred to in ParceN^o. 1
above.
PARCEL NO. 3
An undivided Interest as tenants In common In and to that portion of thetealproperty described
on the Subdivision Map referred to in Parcel No. v^bove>cjefin|d'^ln th^ Amended Declaration
of Covenants, Conditions and Restrictions of PlnewildjA Conddminluni Project, recorded March
11,1978, In Book 374 of Offidal'Rioorarsrt-I^e 193. li[mited Cpmon Area and thereby
allocated to the unit describdia in Parcel No. O b we and e^cepting^unto Orantor non- exclusive
easements for ingress and egressrOWIty^etylces, support: enGroachments, maintenance and
repair over the common are^efined and settiprth irt^ald Decl&njitionotCovenants.
Conditions and restricllons./
PARCEL NO. 4
Non-exclusnrp^asem^ts appurtenant fo Parcel No. 1 ^bovd for ingress and egress, utility
sen/iMsrsupporlencroachments maintenance and repair over the Common Areas as defined
and^iMforthjoJ^ff Declw^^
Conditlo/is, and Restrictions of Pinewild, more
pafticulariy^escribed In the'descriptipn of Parcel N<y3, abdve.
STATE OF NEVADA
DECLARATION OF VALUE
. Assessor Parcel Number (s)
8)1318-15-110-002
t
c)
d)
2. Type of Property:
a) Q
b) a
d) CD
0 O
Vacant Land
Condo/Twnhsa
ApL Bldg.
Agricultural
Other
e)Q
0)0
irdent
5. Partial Interest: Pefcetitege'Beincftraqsfen-ed;^
Pu^uant to N^375.0^, thONBuyer and SeH^juhall be Jointly and severally liable for any
idditlon^l'atnount 0TOd^^ j / ^ ? y j ^ ^ ^ ^ , , - J j
Signature
.^i^f^/^^i^^uo^r^^^'^
/ Capacity
Slanature
_Capaclty_
(REQUIRED)
Print Name:
Address:
|X
GreenPay LLC
/7V3 IA^PA^MA
^
6<t.
(REQUIRED!
State: \
^Si(,z
dtCLS
State:
CA-
Zip:
qs7Li-
Escrow #_
State:
CA
.Zip:
95762
Exhibit "6"
(Transfer Deprf
Property)
DOUGLASCOUNTY.NV
Rec:$14,00
Total:$14.00
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
2016-887246
09/07/201612:23 PM
David R. Monis
Moms Law Group, PLC
5137 Golden Footiiill Parkway, Ste. 110
El Dorado Hills, CA, 95762
Pgs=2
00042379201608872460020021
E07
Ed Starrs
1743 Terracina Drive
El Dorado Hills, CA 95762
TRANSFER DEE D
APN: 1319-30-712-007 / " ^ ^
(Excluded from Reappraisal Under Proposition 13, i.e., Calif. Const. Art I3A1 ct.l^)-^v
" "'"'''*-4,
The undersigned Grantor(s) declare(s) under penalty of peijury that the following is trae and correctK.
THERE IS NO CONSIDERATION FOR THIS TRANSFER
all that real property situated in the County of D^uglalik State of Nevada, bounded and described as
follows:
\^
Lot 121, Unit D Tahoe Village^irNSrl'^d^ende(ilv({ap of Al^ihe Village Unit No. 1,filedin the
Office of the County Recorder of Douglas County. Nevadron December 7,1971, as File No. 55769.
.
^-
STATE OF CALIFORNIA
COUNTY OF EL DORADO
Ontiiis^uly19,2016, before mc, David^Reid Morris, Esq., Notary Public, personally appeared Edward
Robert. Starrs, who proved to me on the basis pf satisfactory evidence to be the person(s) whose name(s) are
subscrib^ to thewithin instrument'and acknowledged to me that he/she/they executed the same in
his/her/theit;autlwriz5d capacijy(^es), atid that by his/her/their signatiu-e(s) on the.instiiiment the person(s), or
the entity upoti,behalfofWhich thej3w-son(s) acted, executed the instrument.
I certify under penaltyofperjury under the laws of the State of Califomia that the foregoing i.^^e and
correct.
.SEAL oli|iyRioiiiOHHK>
WITNESS^
BOMiseowiy
STATE OF NEVADA
DECLARATION OF VALUE
, Assessor Parcel Number (s)
8)1319-30-712-007
b)
c)
d>
2. Type of Property:
c) ^5
g)D
DCD
Vacant Land
Condo/Twnhse
ApL Bldg.
Agricultural
Olher
b)
d)
f)
h)
o
CJ
CD
CD
' i
Pursuant to NRS
a^dltional'amount owei
'Signature
Signature
cV: X
Capacity
S E L L E R fGRANTOR) INFORMATION
\
(REQUIRED)
/ V
LPrint\Name: GreenPay LLC /
)
Vddrete:
/ ^VJ
Tg/^orii
tLps(l^/^,jWr^
Print Name: 1
P O L ' ^
m ^ T "
Address: /7Vlf '7ZaaAi:,n4. 7\/i
City:
UhsQA^
AfJk
State:
fA
Zip:
<?rX'2^
1PA]^Y7PERS0N.RgQUI
COMPANY^PERSON
RElQUESTING RECORDING
(REQUIRED IF NOT fligliMLLER OR BUYER)
Escrow #^
State:
Notes: ^^MhAl^L^dzJ^
OA
Zip:
95762
-I- 1-
J. ,, v
-.ij.'.i:;-
i-;
EXHIBIT G
-V. ,A.
DOUGLAS COUNTY, NV
Rec:$18,00
09/22/2016 01:58 PM
$18,00
Pgs=5
KOLESAR & LEATHAM, CHTD,
KAREN ELLISON, RECORDER
2016-887904
APN#
1319-30-712-007
K o l e s a r & Leatham
Signature
Printed Name
This document is being (re-)recorded to correct document U.
, and is correcting
Electronically Filed
09/22/2016 07:43:02 AM
1
2
3
10
Q
t-
II
u^ Iu
^ <" S H
12 L.P.,
13
< <
14
<^
>
il
,^ I .
3 O
CASENO. A-16-743825-C
DEPT NO. XXXI
Plaintiff,
vs.
1'^ 15
18
Defendants.
19
PLEASE TAKE NOTICE that a civil action has been initiated in District Court OF Clark
- 20 County Nevada by Plaintiff, TCA GLOBAL CREDIT MASTER FUND, L.P. ("Plaintiff)
21 against the above-named Defendants, which suit is now pending, and involves the title to real
22
property situated in Douglas County, Nevada, described as follows, and more specifically
23
24
1. 432 Quaking Aspen Ln #D, Stateline, Nevada 89449, Assessor Parcel No. 1319-30-
25
712-007; and
26
2. 600 Highway 50 #2, Zephyr Cove, Nevada 89448, Assessor Parcel No. 1318-15-110-
27
28
002.
Ill
2216024 (9145-20)
Page 1 of2
The purpose of the action and the relief demanded is, inter alia, to void the alleged
fraudulent transfers of the aforementioned properties made by Defendant GREENPAY LLC.
3
5
6
10
11
12
^ .ts r
^
fS
13
H ""S is
14
w e^S
S 2 "
11 s
..SI " ! f " 15
t/3 S
UJ
17
CERTIFIED COPY
DOCUMENT ATTACHED IS A
TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE
18
19
SEP 2 2 2016
&
20
21
22
23
24
25
26
27
28
2216024 (9145-20)
Page 2 of2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 121, UNIT D TAHOE VILLAGE UNIT NO. 1 AND AlVlENDED MAP OF ALPINE VILLAGE UNIT NO.
1, FILED IN THE OFFFICE OF THE COUNTY RECORDER OF DOUGLAS COUNTY, NEVADA ON
DECEMBER 7, 1971, AS FjLE NO. 55769.
COMMONLY KNOWN AS: 432A QUAKING ASPEN LANE, STATELINE, NEVADA 89449
APN: 1319-30-712-007
EXHIBIT "A"
LEGAL DESCRIPTION
!h
\
PARCEL NO. 1
Unit No. 2, as shown on the official plat of PINEWILD, A CONDOMINIUM, filed forcecorfl in the
office ofthe County Recorder. Douglas County, Nevada, on June 28.1973, as Documer|t No
67150.
C
PARCEL NO. 2
,
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The exclusive right to the use and possession of thosejcertain patip^areas adjacentto 8<id units,
designated as ""Restricted Common Areas"" on the,8iJbdivlslon Map r^ferred to In Parcel' l^o. 1 \
above.
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PARCEL NO. 3
/
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An undivided interest as tenants in common In and to that portion ^f the real property described
\i
on the Subdivision Map refened to In Parcel No. i^^bove, defined tn the'Amended Declaration
of Covenants, Conditions and Restrictions of Pinewild.A Conddminlurri Project, recorded March
11,1978, in Book 374 of Offlcial RfecoFdS^at P,age 193. liimited Common Area and thereby
allocated to the unit describ^df in Parcel No. 1, abpve and ex;cepting,unto Grantor non- exclusive
easements for ingress and egress,ljUllty'seryices, support encroachments, maintenance and
repair over the common'areasTdefined and set fprth iri^^said Declaration of Covenants.
Conditions and restrictions./
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PARCEL NO. 4
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Non-exclu8i^e.easeme^^ts appurtenant to Parcel No. 1 above, for ingress and egress, utility
8ervlc^6r^upport,encroachme'nts maintenance and repair over the Common Areas as defined
andaet forthJoJie DeclaVation df^Covenants, Conditions, arjd Restrictions of Pinewild. more
f^anicularly^escribed In the description of Parcel Na-S, above.
/ /
X., .
I A?N: 1318-15-110-002
-^y
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EXHIBIT H
DOUGLAS COUNTY, NV
Rec:$18,00
09/22/2016 02:02 PM
$18,00
Pgs=5
KOLESAR & LEATHAM. CHTD,
KAREN ELLISON, RECORDER
2016-887905
APN#
1318-15-110-002
K o l e s a r & Leatham
Signature
Printed Name
This document is being (re-)recorded to correct document #_
and is correcting
Electronically Filed
09/22/2016 07:43:02 AM
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10
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11
12 L.P.,
o ?,M ri
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E 13
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Plaintiff,
14
CASENO. A-16-743825-C
vs.
W9
Defendants.
19
PLEASE TAKE NOTICE that a civil action has been initiated in District Court OF Clark
20
County Nevada by Plaintiff, TCA GLOBAL CREDIT MASTER FUND, L.P. ("Plaintiff)
21
against the above-named Defendants, which suit is now pending, and involves the title to real
22 .property situated in Douglas County, Nevada, described as follows, and more specifically
23 described in composite Exhibit "A" hereto.:
24
1. 432 Quaking Aspen Lh #D, Stateline, Nevada 89449, Assessor Parcel No. 1319-30-
25
712-007;and
26
2. 600 Highway 50 #2, Zephyr Cove, Nevada 89448, Assessor Parcel No. 1318-15-110-
27
28
002.
///
2216024(9145-20)
Page 1 of2
The purpose of the action and the relief demanded is, inter alia, to void the alleged
fraudulent transfers of the aforementioned properties made by Defendant GREENPAY LLC.
DATED this 21 st day of September, 2016.
KOLESAR & LEATHAM
10
11
12
OSS
y C 5 >
H 51
<<||2
14
15
CERTIFIED COPY
DOCUMENT ATTACHED ISA
TRUE AND CORRECT COPY
OF THE ORIGINAL ON FILE
f 17
18
SEP 2 2 2018
19
20
21
22
23
24
25
26
27
28
2216024 (9145-20)
Page 2 of2
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 121, UNIT D TAHOE VILLAGE UNIT NO. 1 AND AMENDED MAP OF ALPINE VILLAGE UNIT NO.
1, FILED IN THE OFFFICE OF THE COUNTY RECORDER OF DOUGLAS COUNTY, NEVADA ON
DECEMBER 7, 1971, AS FILE NO. 55759.
COMMONLY KNOWN AS: 432A QUAKING ASPEN LANE, STATEUNE, NEVADA 89449
APN: 1319-30-712-007
EXHIBIT "A"
LEGAL DESCRIPTION
PARCEL NO. 1
Unit No. 2, as shown on the official plat of PINEWILD. A CONDOMINIUM, filed for^recoryl In the
office ofthe Counly Recorder, Douglas County. Nevada, on June 28,1973, as Document No.
67160.
^'^"^'-'-^
\
\
PARCEL NO. 2
\
The exclusive right to the use and possession of those,j:rtaih patlo^areas adjacent to-sqid units,
designated as ""Restricted Common Areas"" on theSilbdivislon Mapreferred to in Parcel No. 1 ' ' \
PARCEL NO. 3
An undivided interest as tenants in common In ^nd to that portion Qf the r^al property described
on the Subdivision Map refen'ed to in Parcel No. I i'^bovel'defined in the Amended Declaration
of Covenants, Conditions and Restrictions of Pinewild,.A Condominium' Project, recorded March
11,1978, In Book 374 of Offldal'R6corail"tit Page 193. Limited CQrf(mon Area and thereby
allocated to the unit descried in Parcel No. 1, abqve and e)^epting^unto <Srantor non- exclusive
easements for ingress a^td egress.'litllltysecyices. isupport erici;oachment5, maintenance and
repair over the common'areasrtiefined and set'fprth iri^Mid Declaratlon^of Covenants.
Conditions and restricffons./
\ ^ \^
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PARCEL NO. 4
\
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Non-exclusi^e^easements appurtenant to Parcel No. 1 ^bove^ for ingress and egress, utility
servlcesr^ppdrt.encroachm^ts maintenance and repair over the Common Areas as defined
andL^et forth Ii3.the Declaration otpovenants, Conditions, and Restrictions of Pinewild, more
Ra'rticuljriy'aescribed in the description of Parcel Nq,'3, above.
I AI5N:/ 1318-15-110-002
f AKN:
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EXHIBIT I
Cheek Nuinber
13091
TtlPd $736.00
MM92]M
JLR/Cl/l-3
122-210-25-100
GRANT DEED
The undersigned grantor(s) declare(s)
Documentary transfer tax Is $715.00
B
Computed on full value of property conveyed, or
Computed on full value less value of liens or encumbrances remaining at time of sale.
Si
Unincorporated Area of El Dorado Hills.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. Wells Fargo
Bank, N JK., As Trustee, on behalf of the Holders of tha Harborview Mortgage Loan Trust Mortgage
Loan Pass-Through Certificates, Series 20Q6-12 hereby GRANT(S) to MyCheck, Inc.
the following described real property in the Unincorporated Area of El Dorado Hills, County of El Dorado,
State of Califomia:
Legal description attached hereto and made a part hereof martted Exhibit "One"
DATED: Febmary 19,2014
state of Utah
County of Salt bake .
Mi
On.
personalfy dpp'e;
. befbre me,.
Notary Public,
ilfy appeared
. who proved to me on the basis
of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instmment and
acknowledged to me that he/she/they executed the same in his/herAheir authorized capacity(ies), and
that by his/her/lheir slgnature(s) on the Instmment the person(s), or the entity upon behalf of which the
person(s) acted, executed the instmment.
I certify under PENALTY OF PERJURY under the laws of the State of Utah that the foregoing paragraph
Is tme and correct.
Witness my hancrand official seal.
Signature.
HOLLY LUMBERT
.(Seal)
GRANT DEED
EXHIBIT "ONELOT 157, AS SHOWN ON THAT CERTAIN MAP ENTITLED 'SERFIANO VILLAGE C 1- UNIT 5:.
FILED IN THE OFFICE OF THE COUNTY RECORDER OF EL DORADO COUNTY, STATE OF
CALIFORNIA, ON OCTOBER 3, 2001, IN MAP BOOK I AT PAGE 110.
EXCEPTING THEREFROM: ALL OIL. GAS AND OTHER HYDROCARBON SUBSTANCES, INERT
GASES. MINERALS AND METALS. LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE
OF SAID LAND AND REAL PROPERTY. WHETHER NOW KNOWN TO EXIST OR HEREAFTER
DISCOVERED, BUT WITHOUT. HOWEVER ANY RIGHT TO USE THE SURFACE OF SUCH LAND
AND REAL PROPERTY OR ANY OTHER PORTION THEREOF, ABOVE A DEPTH OF 500 FEET
FROM THE SURFACE OF SAID LAND AND REAL PROPERTY FOR ANY PURPOSES
WHATSOEVER. AS EXCEPTED AND RESERVED IN THE DEEDS FROM EL DOFIADO HILLS
INVESTORS LTD., A CALIFORNIA LIMITED PARTNERSHIP, RECORDED OCTOBER 23, 1989 IN
BOOK 3227 OF OFFICIAL RECORDS, PAGES 279 AND 303.
GRANTDEED
EXHIBIT J
CALIFORNIA
RESIDENTIAL PURCHASE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
C M I :<> R N I A
A ss(K: I A T Io N
(H
K I: A L T C) R S '
Dale Februarv
OFFER:
A, THIS IS AN OFFER FROM
MvEChhak. I n c .
B, THE REAL PROPERTY TO BE ACQUIRED is described as 1743 Terracina
Dr. El Dorado
, Assessor's Parcel No.
E I Dorado H i l l s
, County of
Placer
C, THE PURCHASE PRICE offered is S i x
ffundred'Fif
try ITiotigand
11.
;
Hills.
2014
fBuyer"),
CP.
95762
^ , situated in
, California, ("Propert/').
Dollars $ 650.000.
00
D, CLOSE OF ESCROW shall occur on
(date) (or g )
P'i
Days After Acceptance).
2, AGENCY:
A, DISCLOSURE; Buyer and Seller each acknowledge prior receipt of a "Disclosure Regarding Real Estate Agency Relationships"
(CAR. Fonn AD),
B, POTENTIALLY COMPETING BUYERS AND SELLERS: Buyer and Seller each adtnowledge receipt of a disclosure of the possibility of
multiple representation by the Brol;r representing that principal. This disclosure may ba part of a listing agreement, buyer representation
agreement or separate document {C>\,R, Form DA), Buyer understands thai Brolter representing Buyer may also represent olher potential
buyers, who may consider, make offers on or ultimately acquire the Propeity. Seller understands that Broker representing Seller may also
represent other sellers with competing properties.of interest to this Buyer.
C, CONFIRMATION: The following agency relationships are hereby confimied lor this transaction:
Listing Agent
Keller ffilhin^^ Realty
(Print Firm Name) is the agent
of (check one): Q tho Seller exclusively; or g ] both Ihe Buyer and Seller.
Selling Agent
Keller Williams Realty
(Print Firm Name) (if nol the same as the
Listing Agent) is Ihe agent of (check one): Q the Buyer exclusively; or [ ] the Seller exclusively; or g both the Buyer and Seller, Real Estate
Brokers are not parties to (he Agreement between Buyer and Seller.
3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder,
A. INrriAL DEPOSIT: Deposit shall be in the amount of
$
20.000.00
(1) Buyer shall deliver deposit directly lo Escrow HoWer by personal check, Q electronic funds transler, Q other
within 3 business days after acceptance (or Other
j;
OR (2) (If checked)
Buyer has given the deposit by personal check (or
)
to the agent submitting the offer (or to [~|
),
made payable to
. The deposit shall be heU
uncashed until Acceptance and then deposited with Escrow Holder (or Q into Broker's trust account) within 3
business days after Acceptance (or Q Olher
),
B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amounf of
S
within
'
Days After Acceptance, or
;
,
If a liquklated damages clause is Incorporated into this Agreement, Buyer and Seller shall sign a separate
Iquidated damages clause (CA.R. Form RID) for any increased deposit at the lime it is Delivered.
C. LOAN(S):
(1) FIRST LOAN: in Ihe amount ol
S
42^.500.00
This toan will be conventional financing or, if checked, FHA, VA, Seller (C.A.R. Fomi SFA),
[ ] assumed financing (CA.R. Form PAA), [ ] Olher
. This loan shaD be al a fixed
rale not to exceed
% nr, O an adjustable rata loan with initial rale not to exceed
%.
Regandless of Ihe type of loan, Buyer shall pay points not to exceed
% of the loan amount.
(2) SECOND LOAN: In the amouni of
$
This loan will be conventional financing or, if checked, Q Seller (C,A,R, Form SFA), assumed financing
(CA.R. form PAA), Other
. This loan shall be al a fixed rale nol lo exceed
% or, Q an adjuslabte rate loan wilh initial rale nol to exceed
%, Regardless of
the type of loan. Buyer shall pay points nol to exceed
% of the loan amount.
(3) FHA/VA: For any FHA orVA toan specified above, Buyer has 17 (or
S U B J E C T T O C O U N T E R
O F F E f i
to Deliver lo Seller written noiice (C,A.R. Form FVA) of any lender-required
AfUD/DQ
Af^T^PitiSi
requests Seller lo pay for or olhenwise correcl. Seller has no obligationtopay c
fMvUjKjn
AiUUKZrSUUm
unless otherwise agreed in writing.
D. ADDITIONAL FINANCING TERMS;
~_
E. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in Ihe amouni ol
to be deposited wilh Escrow Holder wilhin sufficient lime lo close escrow.
F. PURCHASE PRICE (TOTAL):
ryr
Buyer's Initials ( X
'
'
.. $
2 0 7 . 5 0 0 , 00
650.000.00
^
)(
Seller s Initials (
)(
Reviewed tjy
Date ,
Fax: 916,580.6186
95762
Date: F e b r u a r v
11,
2014
G. VERinCATlON OF DOWN PAYMENT ANO CLOSING COSTS: Buyer (or Buyer's tender ( loan broker pursuani to 3H(1) shall, wilhin 7 (or
Q
) Days After Acceptance, Deliver to Seller written verification ol Buyer's down payment and closing costs, (If checked,
verificalion attached,)
H. LOAN TERMS:
(1) LOAN APPLICATIONS; Wilhin 7 (or
) Days After Acceptance, Buyer shall Deliver lo Seller a letter from lender or loan
broker stating that, based on a review ot Buyer's written application and credil repoit. Buyer is prequalified or preapproved for any NEW loan
specified in 3C above, (If checked, Q letter attached.)
(2) LOAN CONTINGENCY; Buyer shall acl diligently and in good faith to obtain the designated loan(s). Obtaining the loan(s) specified above
is a contingency of Ihis Agreennt unless otherwise agreed in writing. Buyer's contractual obligations to obtain and provide deposit, balance of
down payment and closing costs are not contingencies of this Agreement.
(3) LOAN CONTINGENCY REMOVAL:
(i) Within 1 7 ( o r Q
) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing removo the loan contingency or
cancel Ihis Agreement;
OR (ii) (if checked) Ihe loan contingency shall remain in effect until the designated loans are funded.
(4) 0 NO LOAN CONTINGENCY (tf checked); Obtaining any loan specilied above is NOT a contingency cf this Agreement If Buyer does not
obtain the loan and as a result Buyer does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies,
I. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or, if checked, | 2 is NOT) contingent upon a written appraisal ofthe Property
by a licensed or certified appraiser at no less than Ihe specified purchase price. If there is a loan contingency. Buyer's removal of the loan
contingency shall be deemed removal of this appraisal contingency (or, Q if checked. Buyer shall, as specified in paragraph 14B(3), in writing
remove the appraisal contingency or cancel this Agreement wilhin 17 (or
) Days After Acceptance). If there Is no loan contingency.
Buyer shall, as specilied in paragraph 14B(3), in writing remove the appraisal contingency or cancel this Agreement within 17 (or
)
Days After Acceptance,
J, ALL CASH OFFER (If checked): Buyer shall, within 7 (or Q
) Days After Acceptance, Deliver lo Seller written verification of
sufficient funds lo ckise Ihis transaction. (If checked, Q verification attached,)
K. BUYER STATED FINANCING: Seller has relied on Buyer's reprcsenlalion of the lype of financing specified (including bul not limited lo. as
appteable, amount of down payment, contingent or non contingent loan, or all cash). It Buyer seeks alternate financing, (i) Seller has no obligation
to cooperate with Buyer's efforts lo obtain such financing, and (ii) Buyer shall also pursue the financing method specified in this Agreement
Buyer's failure to secure alternate financing does not excuse Buyer Irom Ihe obligation to purchase the Property and close escrow as specified in
this Agreement.
ALLOCATION OF COSTS (If checked): Unless otherwise specified here, in writing, this paragraph only determines who is to pay for the inspection,
lest or service ("Report") mentioned; il docs not determine who is to pay for any work recommended or identified in (he Report.
A, INSPECTIONS AND REPORTS:
(1) Buyer Seller shall pay for an inspectbn and report for wood destroying pests and organisms ("Wood Pest Report") prepared by
a registered structumi pest control company
(2) Q Buyer Q Seller shall pay lo have seplic or private sewage disposal systems Inspected,
(3) Q Buyer [ ] Seller shall pay to have domestic wells tested foi water potability and productivity
(4) Buyer El Seller shall pay for a natural hazard zone disclosure repon prepared by
\
(5) Buyer Seller shall pay for the following inspection or report
.
(6) Q Buyer D Seller shall pay for Ihe following inspection or report
^
B. GOVERNMENT REQUIREMENTS AND RETROFIT;
(1) Buyer g j Seller shall pay for smoke detector Installation and/or water heater bracing, if required by Law. Prior to Close Of Escrow. Seller
shall provide Buyer wrilteri slatemenl(s) of compliance in accordance wilh slate and facal Law, unless exempt,
(2) Q Buyer Q Seller shall pay the cost of compliance with any olher iiiiiiiinurh mandatory govei-nmenl relrorn slaiidaids, inspeclioris and
reports if required as a condition of closing escrow under any Law,
. .
,
C. ESCROW AND TITLE:
(1) 0 Buyer 0 Seller shall pay escrow fee
.
.
Escrow Holder shall be
.
^
^
.
(2) Buyer g ] Seller shall pay for owner's title insurance policy specified in paragraph 12E
^
.
Owner's tille policy lo be issued by
- .
(Buyer shall pay for any (lllc Insurance policy insuring Buyer's lender, unless otherwise agreed in writing.)
D. OTHER COSTS:
(1) Buyer EJ Seller shall pay County transfer tax or fee
<5M JE?r^ T f t PrtillWiTBSB A P P P Q
- '
)(
Seller's Initials (
Reviewed by ^
Ed Siars 17^3
95762
Date: February
11,
2014
Buyer's Initials ( X
.;v')\"'
^
)(
Seller's Initials (
)(
[Reviewed by
Dale _ _ _ _ _ _ _ _ I
-
RPA-CA REVISED 4/13 (PAGE 3 OF 8)
CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 8)
L-.d Stars 174.1
C. A d v i s o r i e s (If checked):
^
B Buyer's Inspoctinn Advisdiy (C;A,R, Forin DiA)
^
Probate Advisory (CAR, Fomi PAK)
;
Stalewide Buyer and Seller Advisory (C:A-.R. Form SBSA)
Trust Advisory (C.A;R. Form TA)
B REG Advisory (C.A.R; Form REO)
'l.ri ; D . Othcr.Tdntis: Bxiyar v a v a s a p p r a i s a l c o n t i n g e n c y - S h o u l d t h e p r o p e r t y n o t a p p r a i s e b u y e r , s h a l l p a y
tha d i f f e r e n c e to the c o n t r a c t p r i c e .
Seller to reinstall double oven and cook top sinnilar to oiies nQW missing.
T'-lTTf''''^- T H
Hf,
I ,K
HH
A. Wilhin Ihe lime specined in paragraph 14, Buyer shail be provided a currenl
A f c m / r t E S A i n n c i B k S n } IftM
Index, Seller shall wilhin 7 Days After Acceptance, give Escrow Holder a co
AiMD/UR ADDfcNL/UWB
in
offer by the title insurer lo issue a policy ol liUe insurance and may not contu.,. _v..., ,,w.., a,,.^^,,.,^
.^o,.., -.
u.
'^fJrt
and any other matters which may affect tiUe are a contingency of this Agreement as spedfied in paragraph 14B,
B. Title is taken in lis present condition subjed lo all encumbrances, easemenls, covenanls, conditions, restrictions, rights and olher matters,
whether of record or rot, as ollhe date ol Acceptance except: (i) monetary liens ot record unless Buyer Is assuming those obligations or takmg
the Property subject to those obligations; and (ii) those matters which Seller has agreed lo remove in writing.
C. 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
D. /y Close Of Escrow, Buyer shall receive a grant deed conveying litle (or, lor slock 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 (vIANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND T M CONSEQUENCES.
CONSULT AN APPROPRIATE PROFESSIONAL.
E. Buyer shall receive a CLTA/ALTA Homeowner's Policy ol Tille Insurance, A litle company, al Buyer's request, can provide informalion aboul Ihe
availabiSty, desirability, coverage, and cost ol various litle insurance coverages and endorsements. If Buyer desires tille coverage olher than that
required by Ihis^SJaiagraph, Buyer shall inslnjcl Escrow Holder in writing and pay any increase in cost.
Buyer's Initials { X
)(
RPA-CAREVISED4/13(PAGE4 0 F 8 )
Seller's Initials (
| Reviewiid by _
)(
Dale
.,..;,,'.;.':
r.clSiius 1743
95762
Date: F e b r u a r y
I I ,
2014
13. S A L E OF BUYER'S P R O P E R T Y:
A. This Agreement is NOT contingent upon Ihe sale of any property owned by Buyer.
OR B. Q (II checked): The attached addendum ( C A . R . Form COP) reganJing the contingency for Ihe sale of properly owned by Buyer is incorporated
into this Agreement.
14. TIME PERIODS; R E M O V A L OF CONTINGENCIES; C A N C E L L A T I O N R I G H T S : The f o l l o w i n g time p e r i o d s m a y o n l y be e x t e n d e d , altered,
m o d i f i e d or c h a n g e d b y m u t u a l w r i t t e n agreement. A n y r e m o v a l of c o n t i n g e n c i e s or c a n c e l l a t i o n u n d e r t h i s p a r a g r a p h b y either Buyer o r
Seller m u s t b e e x e r c i s e d i n g o o d faith and i n w r i t i n g ( C A . R . F o r m CR or CC).
A. S E L L E R H A S : 7 ( o r Q
) Days After Acceptance to Deliver to Buyer all Reports, disclosures and infoimation for which Seller Is
responsible under paragraphs 4, 6A. B and C, 7A, 9A, 11A and B, and 12A. Buyer may give Seller a Notice to Seller to Perfonn (C,A,R, Form
NSP) if Seller has not Delivered the items within the time specified,
B,
'
'-'
)(
Sollci s Initial's (
) (.
Reviewed by .
95762
Date; F e b r u a r y
1 1 , 2014
18. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product pioviders ("Providers"),
whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seller may select ANY Providers of their own choosing.
19. MULTIPLE LISTING SERVICE ("MLS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, Ihe sales price and
other terms of this transaction shall be provided lo the MLS to be published and disseminated lo persons and entities authorized to use the
information on terms approved by the MLS,
20. EQUAL HOUSING OPPORTUNPrY: The Property is sold in compliance with federal, stale and local anti-discrimination Laws,
21. ATTORNEY FEES: In any action, proceeding, or arbilralcn between Buyer and Seller arising out ol this Agreement, the prevailing Buyer or Seller
shall be entitled to reasonable attomey fees and costs from Ihe non-prevailing Buyer or Seller, except as provided in paragraph 26A.
22. DEFINITIONS: As used in this Agreement
A. "Acceptance" means the lime the offer or final countei offer is accepted in writing by a party and is delivered to and personaJy received by the
other party or that party's authorized agont in accordance with the terms of this offer oi' a final counter offer.
B. "CA.R. Fonm" means the specific form referenced or another comparable fomn agreed to by the parties.
C. "Close Of Escrow" means the date the grant deed, oi ottier evidence of tiansfer ot title, is recorded.
D. "Copy" means copy by any means including photocopy. NCR, facsimile and eledronic.
E. "Days" means calendar days. However, after Acceptance, the lasl Day for performance of any act required by this Agreement (Including Close Of
Escrow) shall not indude any Saturday, Sunday, or legal holiday and shall instead be the next Day.
F. "Days After" means lha specified number ol calendar days after Ihe occurrence of Ihe event spedfied, not counting the calendar date on which
Ihe spedfied evenl occurs, and ending at 11:59PIW on the final day.
G. "Days Prior" means the specified number of calendar days before the occurrence ofthe event spedfied, nol counfing the calendar date on which
the specified evenl is scheduled lo occur.
H. "Deliver", "Delivered" or "Delivery", means and shall be effective upon (i) personal receipt by Buyer or Seller or the individual Fieal Estate
Licensee for that principal as spedfied in paragraph D ofthe section titled Real Estate Brokers on page 8, regardless ol the method used (i.e.
messenger, mail, email, fax, other); OR (ii) if checked, Q per the attached addendum (CA.R, Form RON).
L "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with California Law. Buyer and
Seller agree thai eledronic means will not be used by either party to modify or alter the content or integrity of this AgreemenI wiihoul the
knowledge and consent of the other,
J, "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, counly. slate or federal legislative,
judicial or executive body or agency,
K. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting ol the Property provided for under this
Agreement,
L. "Signed" means either a handwritten or electronic signature on an original document. Copy or any counterpart.
23. BROKER COMPENSATION: Seller or Buyer, or both, as applicable, agrees to pay compensation to Broker as specified in a separate wiillen
agreement between Broker and that Seller or Buyer. Compensation is payable upori Close Of Escrow, or if escrow does not close, as otherwise
spedfied in the agreement between Broker and lhal Seller or Buyer.
24. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER:
A. The lollowinQ paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller
to Escrow Holder, tvhich Escrow Holder is to use along wilh any related counter offers and addenda, and anv additional mutual Instructions to
dose the escrow; 1, 3.4, 6C, I I B a n d D, 12, 13B, 14F, 17, 22,23,24. 28, 30 and paragraph D of the section titled Real Estate Brokers on page
8. If ,1.Copy ofUie separate componsallon agrccment(3) provided for In pniagraph 23, or paragraph D ofthe section titled Real Estate Brokers on
page.a is'depositcd wilh,Escrow 1-lolder by Broker, Escmw Moider shall accept such agreement(3) and pay out from Buyei's or Seller's funds, or
bolti. as applicable, the Broker's compensation provWed lor in such agreemenl(s). The lemis and conditions of this AgreemenI nol set forth in the
specilied paragiaplis are additional matters lor the informafion 61 Escrow Holder, but aboul which Escrow Hokder need not be concemed. Buyer
and Seller will receive Escrow Holder's generni provisions dlreclly '''f"" EscnDw Holder and will execute such provisions upon Escrow Holder's
request. To the exteni the general provisions are inconsistent or condici with this Agreement, the general provisions wiU control as to the duties
and obligations of Escrow Holder only. Buyer and Seller will execute addKional instructions, documents and forms provided by Escrow Holder that
are reasonably necessary lo close the escrow.
B. A Copy of this Agreement shall be delivered to Escrow Holder within 3 business days after Acceptance (or
.
). Escrow Holder shall provide Seller's Slatement'ol
Infonnation to Title company when received from Seller. Buyer and Seller authorize Escrow HoWer to accept and rely on Copies and Signatures
as defined in this Agreement as originals, lo open escrow and for olher purposes of escrow. The validity olthis Agreement as between Buyer and
Seller is not affected by whether or when Escrow Holder Signs this Agreement.
C. Brokers are a party to the escrow for the sole purpose of compensation pursuani to paragraph 23 and paragraph D ol the section tilled Real
Estate Brokers on page 8, Buyer and Seller irrevocably assign to Brokers compensation spedfied in paragraph 23, respectively, and irrevocably
instruct Escrow Holder to disburse those funds lo Brokeis al Close Of Escrow or pursuani lo any olher mutually executed cancellation agreement.
Compensation instructions can be amended or revoked only wilh the written consent of Brokers. Buyer and Seller shall rekjase and hold harmless
Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) ol compensation pursuani lo this Agreement. Escrow Holder
shall immediately notify Brokers: (i) il Buyer's initial or any additional deposit is nol made pursuani to this Agreement, or is nol good al lime of
deposit with Escrow Holder; or (ii) if Buyer and Seller insfruct Escrow Holder to cancel escrow.
D. A Copy of any amendmenl that affects any paragraph of this Agreement for which Escrow Holder is responsible shall bo delivered to Esaow
Holder within 2 business days after mutual execution of Ihe amendment.
Buyer's Initials ( X
''
)(
Seller's Initials (
I I^^XL^wed by
)(
Dato
)
|
ij^v--.-
95762
Date; F e b r u a r y
1 1 , 2014
25. LIQUiOATEO
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. Release of funds will require mutual, Signed release instructions
from both Buyer and Seller, ji;dicial decision or
arbitration
award. AT TIME OF THE INCREASED DEPOSIT BUY^R AND SELLER SHALL SIGN A SEPARATE
LIQUIDATED
DAMAGES PROVISION FOR ANY INCREASED DEPOSIT (CA.R. F.OI^IVI RID).
Ct^
I w-iyor'^ iniKali;
''I'"'
/
Seller's Initials
I
|
26. DISPUTE RESOLUTION:
A. MEDIATION: Buyer and Seller agree to mediate any dispute or daim arising between them out of this AgreemenL or any resulting transaction,
before resorting to arbitration or court aclion. Buyer and Seller also agree to mediate any disputes or claims with 8roker(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 Ihe partes involved. If, for any dispute or claim to which Ihis paragraph applies, any party (i) commerxies an action
without first attempting to resolve the matter through mediation, or (fi) before commencement of an aclion. refuses to mediate after a request has
been made, then that party shall not be entitled to recover attomey fees, even if they would otherwise be available to that party in any such action.
THIS IVIEOIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION S INITIALED. Exclusions from Ihta mediation
agreement are specified In paragraph 26C.
B. ARBITRATION O F DISPUTES:
Buyer and Seller agree that any dispute or claim In La w or equity arising between them out of this Agreement or any
resulting transaction, which i s not settled through mediation, shall be decided by neutral, binding arbitration. Buyer and
Seller also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to s u c h arbitration prior to, or
within a reasonable time after, the dispute or claim i s presented to the Broker. The arbitrator shall be a retired judge or
justice, or an attorney with at least 5 years of residential real estate L a w 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 govemed by the Federal Arbitration Act. E x c l u s i o n s from this arbitration
agreement are specified in paragraph 26C.
"NOTICE: B Y INITIALING IN THE S P A C E B E L O W YOU A R E A G R E E I N G T O H A V E ANY DISPUTE ARISING OUT
O F T H E MATTERS INCLUDED IN THE 'ARBITRATION O F D I S P U T E S ' PROVISION D E C I D E D B Y N E U T R A L ARBITRATION
A S PROVIDED BY CALIFORNIA LAW AND Y O U A R E GIVING UP ANY RIGHTS Y O U MIGHT P O S S E S S TO HAVE T H E
DISPUTE U T I G A T E D IN A C O U R T OR J U R Y TRIAL. B Y INITIALING IN T H E S P A C E B E L O W YOU A R E GIVING UP YOUR
JUDICIAL RIGHTS TO D I S C O V E R Y AND A P P E A L , U N L E S S T H O S E RIGHTS A R E S P E C I F I C A L L Y INCLUDED IN T H E
ARBITRATION O F D I S P U T E S ' PROVISION. IF YOU R E F U S E T O SUBMIT T O ARBITRATION A F T E R A G R E E I N G T O THIS
PROVISION, YOU MAY B E C O M P E L L E D T O A R B I T R A T E UNDER THE AUTHORITY O F THE CALIFORNIA C O D E O F CIVIL
P R O C E D U R E . Y O UR A G R E E M E N T TO THIS ARBITRATION PROVISION IS VOLUNTARY."
"WE HAVE R E A D AND UNDERSTAND THE F O R E G O I N G AND A C R E E TO SUBMIT D I S P U T E S ARISING OUT
O F T H E MATTERS INCLUDED IN T H E 'ARBITRATION O F DISPUTES ' PROVISION T O N E U T R A L ARBITRATION."
I Buyer's Initials
/,.
Sellet's Initials;,
Buyer's Initials ( X
'''
/!
)(
Seller's Initials (
)(
Reviewed by ,
Bd Slars 1743
95762
Date: F e b r u a r y
11,
2014
29. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit shall be returned unless the offer is Signed by Seller and a Copy o f t h e
Signed offer is personally received by Buyer, or by
Mike Gobbi
, w h o is
authorized to
receive
it, by
5:00
PM
on
iliii
iliiid
Day
after
ilni
uffei
Is signed
Ey Buyer
JpT, i? checked, Q by
A M PM, on
(date)).
Date 0 2 / 1 1 / 2 0 1 4
r-. ' M . :
BUYER X
Dale
MvECheck.
(Print n a m e )
BUYER
Inc.
(Print n a m e )
(Address)
30. A C C E P T A N C E O F O F F E R : Seller warrants lhal Seller is tha owner of the Property, or has the authorily to execute this Agreement. Seller accepts Ihe
above offer, agrees to sell Ihe Property on the above leims and conditions, and agrees to the above confirmation of agency relationships. Seller has
read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer.
omt CO) DATED ;
i"
Y.'..
. ..s,,,aFo-..:,(ios^iv,M,io.i'i. ^-i-i.tnirivv
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ADDEMDUiiS
A?^0/0R
JpTMnam^,
Tl
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(Initials)
R E A L ESTAT E B R O K E R S :
A. Real Estate B r o k e r s are not p a r t i e s to t h e A g r e e m e n t b e t w e e n B u y e r a n d Seller.
B. A g e n c y r e l a t i o n s h i p s are c o n f i r m e d as s t a t e d i n p a r a g r a p h 2.
C. If specified in paragraph 3A, Agent who submitted the offer for Buyer acknov,/ledges receipt of deposit.
D. C O O P E f l A T I N G B R O K E R C O M P E N S A T I O N : Listing Broker agrees (o pay Cooperating Broker ( S e l l i ng F i n n ) a n d Cooperating Broker agrees to
accept, out ofListin g Broker's proceeds in escrow: (1) the amount spedfied in the MLS, provided Cooperating Broker Is a Partidpant o f t h e MLS In
which the Property is offered for sale or a reciprocal MLS; or (il) Q (if checked) Ihe amount spedfied in a separate wrritlen agreement (C,A,R. Forni
CBC) between Listing Broker and Cooperalrig B roker, Dedaralion of Licensa and Tax ( C A , R . Fomn DLT) may be used lo document thai lax reporting
win be^requijied 0/ thai an exemption exists
Real Estele) Brol<ei (Selling Fim\.K^nfMWilU.^m^
Ke-aH-y
BRE Lie.
01272617
Bv '
'^:''"'--'
Mi fee Gobbi
BRE Lie: 1(0070466.1
Date
02/11/2014
Addni,ns 540 Gibson
Dr.
11200
CHy Ro.tevilla
State CA
Zip
0567B
Telcphonc~7qigH0-/?77
Fax. fOI 6) illO-61 n6
ifi-nwilmi
kppnhhiiayma-n
e-nm
I..,,.-
Real,&i;alc
Brokor jtLisling Finn) Keller
Bv._j^2kLJdzjh
Address 54fl Gibson
Ur.
If200
Teltiplio'iie^7gTg76l?X-623-l
Williams
.Fax
Realty
BRE Lie.
-Mike
Gobi>i.m^L:.
II00784661
Date
Cily Roseville
Slate CA
(916)580-6186 "
b-niail m i f c e a o b b i i a y m a i a . c o m
#01272617
02/11/2014
Zip
95678
Escrow H o H e i acknowledges receipt of a Copy of this Agreement, (if c h e c k e d ^ ^ a deposit in the.amount of.S ^ \ t \ / ) i f ) ^ D .
counter offer number
Q Seller's SlalemenI of Information and ^ T - A : ' ^ r - t ^ l / " / ' / H ' f [
' "~
, and agrees to act as Escrow Holder s u b j e d to paragraph 24 o d h i s AgreemenI, any
supplemental escrow insfructions and Ihe terms of Escrow Holder's general provisions.
Escrow Holder is advised lhal llio date of Confirtria lion o I Acceptance o l i h o Agieerneiil iis betv;ueii Buyei and Seller is
Escrow HoMer
Address
"v
,
..;
LSI
Title
F'hone/Fax/L--mail.
'
IfVjlTB. C A
926Qr^
Escrow Holder ig-licenscd by the cMifolnia DutjaitFh^m
P R E S E N T A T I O N I D F OFFER: (
REJECTION OF OFFER: (
Esi;row.^',:
3 2 2 0 C l 0 d l l l l U U R e a l
. .
Broker or Designee Initials
/
^
C^fii":-
Dale^iv,n'.,^
.License
ft
I'C-r.
(date).
(dale).
2013, Calrfcnia Assoculioo o) REALTORS, inc. Uniicd Stales copynghj law (TiUe 17 U.S. Cofls) hjfttds )hy j / j a j l h o / i / od dfsiribulon, tJisptaj/ amlVcrwJucliy/i uf liiis totni. of anf fjoitiun Iheieyl, by
photocor^Y macftine ot any olrwri means, induddg lacsimie or camputtreeo iorfnats.
THIS FORM HAS BEES APPBQV60 DY THE I : : A L I F O R N IA ASSOCIATION O f RELIVLTORS* (CA.R.), NO REPRESENTATION IE MADE AS TO TME LEGAL VALIDITY OR ACCURACY O f ANY
PROVISION IN ANY SPECIFICIRANSACI ION A REAL ESI ATE BROKER IS THE PERSON QUALIFIEI) TO ,\DV1SE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGftL OR TA>: ADVICE.
CONSULT M APPROPRIATE PROF'ESSIONAl.
Qaje
I-d Stars 1747.
C .A 1. I K t) R N I A
.\s s Of: t AT I o N
OK R t A L l O R S "
Property Address: 1743 T e r r a c i n a D r ,
CA
9S76Z
("Property").
A. IMPORTANCE OF PROPERTY INVESTIGATION: The pfiyslcal condition of the land and improvements being purchased is not
guaranteed by either Seller or Brokers, For this reason, you should conduct thorougfi investigations of the Property personally and with
professionals who should provide written reports of their investigations, A general physical inspection typically does nol cover all aspects
of Ihe Property nor items affecling Ihe Property that are not physically located on Ihe Properly, If the professionals recommend further
investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact
qualified experts to conduct such additional investigations,
B. BUYER RIGHTS AND DUTIES: You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of
the legal, practical and (echnical implications of disclosed f a d s , and (he Investigation and verificafion of information and facts that you
know or that are within your diligent attention and observation. The purchase agreement gives you tfie right lo investigate the Property, If
you exercise Ihis right, and you should, you must do so in accordance with the terms of that agreemcnl. This is the besi way for you to
protect yourself. It is extremely important (or you lo read all written reports provided by professionals and to discuss the results of
inspections vi/ith the professional who conducted Ihe inspection. You have the right to request that Seller make repairs, corrections or
take other action based upon items discovered in your investigations or disckised by Seller. If Seller is unwilling or unable lo satisfy your
requests, or you do not want to purchase the Property in its disclosed and discovered condition, you have the right to cancel the
agreement if you act within specific time periods. If you do not cancel the agreement in a timely and proper manner, you may be in
breach of contract.
0 . SELLER RIGHTS AND DUTIES: Seller is required to disclose to you material facts known to him/her that affect the value or
desirability of Ihe Property. However, Seller may not be aware of some Property defects or conditions. Seller does nol have an obligation
to inspect the Property lor your beneft nor Is Seller obligated to repair, correct or otherwise cure known defects that are disclosed lo you
or previously unknown defects that are discovered by you or your inspectors during escrow. The purchase agreement obligates Seller to
make the Property available to you for investigations.
D. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as soil
stability, geologic or environmental conditions, hazardous or illegal controlled substances, structural, conditions of the (oundaliori pr olher
improvements, or the condition o f t h e roof, plumbing, healing, air conditioning, .electrical, seyver, seplic, waste disposal, or other system.
The only way to accurately determine the condition of the F'ropefty is ttiroitgh an inspectiph by an appropriate professional selected.by,
you. ir Bioker gives you referrals to such prbfessionais. Broker docs not guarantee their performance. Yoii may select any. professiphaj,
ot your choosing. In sales involving residehtlal dwelilrigs with no more Ihian four units; Brokers have a duty to make a diligent visual
inspeciibn of tiie accessible areas of Uie Properly .and fo disclose the results of that inspection. However, as spme Property defecis or
conditions rtiay not tie discoverable from a yisiial,inspection, it is possible Brokers are not aware of them. If you have entered,into .a
written agreement with a Broker, the specific terms of lhat agrEemehl virill determine the nature and extent of lhal Broker's duty lo you.
YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF A L L ASPECTS OF THE PROPERTY. IF
YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS.
E. YOU ARE ADVISED TO CONDUCT INVESTIGATIONS OF THE ENTIRE PROPERTY, INCLUDING, BUT NOT LIMITED TO THE
FOLLOWING:
1. GENERAL CONDfTION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS; Foundation, roof, plumbing, heating, air
conditioning, electrical, mechanical, security, pool/spa, other ^structural and non-structural systeni's and components, fixtures,
buill-in appliances, any personal property included in the sale, and energy .efficiency of Ihe Property. (Structural engineers are best
suited to determine possible design or construction defects, and vi/hethef irnprovcments are structurally sound.)
2. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, roorh dimensions, liJt si/e, age, of improvements and boundaries. Any
numerical statements regarding Ihese items are APPROXIMATIONS ONLY and have not been verified by Seller and cannol be
verified by Brokers. Fences, hedges, walls, retaining walls and other natural or constructed barriers or markers do nol necessarily
identify Irue Property boundaries. (Professionals such as appraisers, architects, surveyors and civil engineers are best suited to
determine square footage, dimensions and boundaries of the Property.)
3. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to Ihe presence of wood destroying pests and organisms
and other infestation or infection. Inspection reports covering Ihese items can be separated into two sections: Section 1 identifies
areas where infestation or infection is evident. Section 2 identifies areas where there are conditions likely lo lead to infestation or
infection. A registered structural pest control company is best suited to perform these inspections.
4. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soli, susceptibility to slippage, settling or movement,
and the adequacy of drainage. (Geotechnical engineers are best suited to determine such conditions q.auses and remedies.)
The copyright laws of tho United Stales (Title 17 U S. Code) fortjki the
unaulhorized reproduction ol Ihis form, or any portion thereof, by photocopy
machine or any oilier means, including facsimile or computerized formats.
Copyrighl 1991-2004. CALIFORf^lA ASSOCIATION OF REALTORS,
INC, ALL r<lGHTS RESERVED.
.'^'.-yC
Buyer's Initials ( X " ' " ) (
)
Seller's Initials (~
) ( ^S"'
)
,
=,
[ Reviewed by .
Dale
|
5^^^^
I ~ T
'-l'--}'.'-^,
Address:
1743
Terracina
Or,
EJ
Dorado
Hills,
CA
95762
Dale: February
II.
2014
5. ROOF: Present condition, age, leaks, and remaining useful life. (Roofing contractors are best suited to determine these conditions.)
6. POOLySPA: Cracks, leaks or operational problems, (Pool contractors are best suited to determine these conditions,)
7. WASTE DISPOSAL: Type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to
sewer, and applicable fees,
8. WATER AND UTIUTES; WELL SYSTEMS A N D COMPONENTS: Water and utility availability, use reslriclions and costs. Water
quality, adequacy, condilion, and perfonmance of well systems and components.
9. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead-based paint and other
lead contamination, radon, methane, other gases, fuel oil or chemical storage lanks, contaminated soil or water, hazardous waste,
waste disposal sites, electromagnetic fields, nuidear sources, and other substances, materials, products, or conditions (including
mold (airborne, toxic or othenwise), fungus or similar contaminants). (For more information on these items, you may consult an
appropriate professional or read the booklets "Environmental Hazards; A Guide for Homeowners, Buyers, Landlords and Tenants,"
"Protect Your Family From Lead in Your Home' or tioth.)
10. EARTHQUAKES AND FLOODING: Susceptibility of the Property lo earthquake/seismic hazards and propensity of the Property to
flood. (A Geologist or Geotechnical Engineer is best suited to provide information on these conditions.)
11. FIRE, HAZARD AND OTHER INSUf^ANCE: The availability and cost of necessary or desired insurance may vary. The location of
the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and ihe claims history of
the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options
early as this information may affect other decisions, including Ihe removal of loan and inspection contingencies. (An insurance ageni
is best suited to provide information on these conditions.)
12. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other
governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size.
(Such information is available from appropriate governmental agencies and private information providers. Brokers are not qualified to
review or interpret any such information.)
13. RENTAL PROPERTY RESTRICTIONS: Some dties and counties Impose restrictions that limit the amount of rent that can be
charged, Ihe maximum number of Occupants; and Ihe righl of a lancilord lo. lerminale a tenancy, beadtralt or other locks and security
systems lot doors and windows. Including window, bars, should be examined to determine whether they satisfy legal requirements.
(Government agencies can provide information about these restiictibns aiid other requirements.)
14. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self-latching mechanisms
and/or other measures lb decrease the. risk to children and other persons of existing swimming, pools and hot lubs, as well as various
fire safety and other measures concerniiig other features of the Property, Compliance requiriemcnts differ from dty to city and county
to county. Unless specifically agreed, Iho Property may not be in compliance with these requirements. (Local government agencies
can provide information aboul lhcse restrictions arvd other requirements.)
15. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighboriiood or area conditions, induding
schools, proximity and adequacy of law enforcement, crime statistics, the proximity bf registered felotis or offenders, fire proleclidn,
other government services, availability, adequacy and cost of any speed-wired, wireliiss internot connections or other
telecommunications or other technology sen/ices and installations, proximity to commercial, industrial or agrlculiufal activities,
existing and proposed transportation, construction and develbpiTienl that may affect noise, vievy, or traffic, airport noise, noise or odor
from any source, wild and domestic animals, other nuisariiMS,,hazards, or circumstances, protected species, .wetland properties,
botanical diseases, historic or other govemmentally protected sites or improvements, cerneleries, facilities and coiidltion bf cprnmbn
areas of common interest subdivisions, and possible lack of cornpllance with any governing documents oi Homeowners' Association
requirements, conditions and influences of significance to certain i.cullures and/or religions,, and personal needs, requirements and
preferences of Buyer.
Buyer and Sellei acknowledge and agrou that Broker: (i) Does iibl dedda what price Bi^iyer should'pay or Sqllci, should accept; (ii) Does nbl
gijor'anleu tho condilion ol lhe Piopur.ly; (iii) Does.nbt guarantee the, performance, adequaiqi or cornpleteness of insijoctidns. siefyices
or
iepaiis piDvided'bi madd by .Sellei or olhors; (iv) Does not have an obligatioif to conduct an ins'paclion of 'corrimon areas or "areas or^lha sito of llie
Prdpoily: (v) Shalliiot be responsible fo"r;ide'nlifying;defecls on tho Property. In common areas. or offsita,unless suiih cfefacis aid vfsijalfy, obseryable
by on inspeciioii df reasonably accessible areas q I the Properly or ato kiiowii tq ;BfDker; (vl) Shall iiot be fespohsiUlu'fdr irispecling public iecpf<ls;0i
pem'iils (:piicGiniiig Ihe title or use of Prpp<?rty;.(vii) Shall'not be responsible'for Iddntityiny the' locaiibn of bouiidaiy linos di otliei items affecling,title;,
(viii) Shall not lie rosponsible lor verifying sqiiare footage; representations of.others nr inforniation cuiitiiiiied in Irwestigalfori repoils. Multiple tiistirig
Service; aduortiscmenls.; flyers or oilier pramolional matorial;;(iJi) Shall riot be resptnisible (or providing legal or tax advice regarding anly aspecl.pf n
Iransacliori entered into by Buyer or Sclter;:and (x) Shall not be iesporisiblo for providing other abvicc or Inlomialibn' lhat exceeds the kriqwitklge,
i:ducatibn and experience required to perform real estate licensed aclivily. Biiyer and Seller agree to seek jegal, lax. Irisurarui, li'ite arid blhcir
dcsiied assistance (lom appropriate piulessionals.
By signin g below, Buyer and Seller each acknowledge that they have read, understand , accept and have received a Copy of
this Advis<>ry,''Bjjyer is encouraged to read it carefully.
B u y e r Signature
ttykche'ck.
02/11/2014
Date
Inc.
Seller Signatur e
^.
> ,.'
JH ,
"
Date
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATIOl^ OF REALTORSfiUCA.R.). NO REPRESENTATION IS U1/iiDE AS 10 THE LEGAL VALIDITY OR
ADEQUACY Of ANY PROVISION IN ANY SPECIFIC TRANSACTION. A RE:AL ESTATE BROKER IS THE PERSON QUALIFIED TO /ADVISE ON REAL ESTATE
TRANSACTIONS IF YOU DESIRF LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.
This fom: in available for use by the entire real estate industry. II is nol intended 10 identify Ihe user as a REALTOR. REALTOf^ is a registered colleclive momber.ship marK
which rnay be used only by members ol the IMATIONAL /ASSOCIATION OF REALTORS who subsciibe lo il5 Code of Elhics.
PljUishci) aid Dislftiuled b/:
REAL ESTATE BUSINESS SERVICES. INC.
Reviewed by
,1 .'iiitisi.ihry nt Ih^ Cflfi/mnw MsoclUon d RFM.T0fi3&
, 525 Sousi Vugil Avenue. Los Angdes, Calibinia 00020
BIA-A REVISED 10/02 ( P A G E 2 OF 2)
BUYER_S INSPECTION ADVISORY (BIA-A PAGE 2 OF 2)
Date .
,
,
,
' '^^
DATE:
2/14/14
BUYER:
MyECheck, inc
PROPERTY ADDRESS:
in connection with Buyer's purchase of the property, Buyer has the right to make an independent
selection of the entity that will act as escrow agent in connection with closing of the property and has the
right to select the title insurer from which buyer will purchase title insurance. Please select either item 1 or
2 as listed beiow.
1. I/we have been informed by the Seller that we have a right to select a title insurance company and
escrow agent to furnish required insurance and escrow services in connection with this transaction. I/we
understand that if we select our own services that we will be responsible to pay for the Owners Policy of
Title Insurance and all escrow fees,
( ) I/we select
2. I/we, after having been informed of this right, have no preference with respect to selecting a title
insurance company or escrow agent and understand that if I/we use the services of the title insurer and
escrow agent selected by the Seller, the Seller will pay the Owners Policy of Title Insurance, l/wc agree to
use the Seller's title insurer and escrow agent.
<CX) I/we agree to use LSI Title/Escrow for Title and Escrow Services
tUj?-rl t
BUYER
BUYER
.:r;w.:..i:,,
'^(^//<,
^^y^check, inc.
2/14/2014
ig^'
CALIFORNIA
...
, ^
REO ADVISORY
For Properties B^mg Sold by a Lndar Aflsr Foreclosure
A S S O C I A T I O N
OF R E A L T O R S
Property Address:
("Property"),
The Seller of the Property is a lender who has aixjuired title to the Property eKher by foreclosure or through a
deed givien iii lieu of foredosure. Many obligations imposed lipoh sellers, particularly sellers of real property
containing one-to-four dwelling units, may not be applicable to the sale of the Properly. However, even though
Seller is exempt from many obligatians, Seller must still comply with many others. Further, even though a
Seder rnay be exempt from certain obligations, a real estate brotor's obligations may slill appiy. This Advieory
is intended to Inform Buyer and Seller of their rights and obligations independent of those established by the
contract between them.
EXEMPTIOMS:
1. TDS, NHD. Meilo-Roos, Improvement Bond Act, Suppiementai Property Taxes, PnVats Transfer Fee:
Seller i& ^xempl from providing Bijyer with the Real Estate Transfer Disclosure Statement (TDS), Natural
Hazard Disclosure Statement (NHD), a Mello-Roos district lien disclosure, an Improvement Bond Act of
1915 notice, a Supplemental Property Tax notice, and a Notice of Private Transfer Fee pursuant to
Califomia Civil Code 1102 et seq.
2. Earthquake Guides: Seller Is exempt from providing either a Homeowner's or Commercial Property
Owner's Guide lo Earthquake Safety.
REQUIRgMEMTS:
1. Disclosures: Seller is not axsmpt from common law and statutory duties concerning fraud and deceit
even though the specific TDS Fonn is not required to t>e completed. Seller remains obligated to disclose
known material facts affecting the value and desirability of the Proper^.
2. HazMd Zones: Seller is not exempt from applicable statutory obligations to disclose earthquake fault
zones, seismic hazard zones, state fire responsibility areas, very high fir^ hazard severity zones, special
fiood hazard areas and flood hazard zones pursuant to the Public Resources Code, Govemment Cocte and
United Stales Code, even though, pursuant to the Civil Code, the specific NHD Form is not required to be
completed.
3. Smoke Detectors: The sale is nnt exempt from the State requirements that, fbr single family rgstdences,
operablie smoke detectors be in place and thai a written statement of compliance iDe provided to Buyer, It
is negotiablie between Buyer and Seller who Is to pay for the cost of compliance.
4. Water Heaters: The salel is pot exempt from the State requirement lhat water heaters be property
anchored, braced or strapped and that Seller provide a written statement of compliance to Buyer. It is
negotiablci betw^n Buyer and Seller who is to pay for the cost of compliance.
5. Lead-based Paint: The Seller is not exempt from tho federal .obligation tb: (i) disclose known lead-based
paint and leadrt}ased paint haotards: (ii) provide Buyer with; copies of reports or studies covering
lead-based paint and hazards on the Property; (iii) provide Biiyer with the parnphlet Protect Your Fairiily
From Leiad Iri Your Home*; and { M give Buyer a 10-day opportunity to Inspect: for leadrbnsed paint arid
hazards, ifthe Property contains residential dwelling linits and was cbnstiucted pirior;io 19.78.
6. Carlwn Monoxlds Davicds: The sale is ncdldxernpt from the Stale requirements.that on or t>efore July 1,
2011. for all existing single family dwelling units, and on or before January 1. 2013. for all other existing
dwelb'ng units, ,<he owner must install a cartoon monoxide ctevlce approved and Iteted by tha State Fire
Marshall.in the dwelling unit if the dwelling unit has a fossil fuel burning healer or appliance, fireplace, or an
aitachisid garage.
7. Tax Withhdlalng: The sale is not exempt from providing information pertainirig tp the withholding
obligation under either the federal "FIRPTA" or the C.^lifomia withholding reiquirernents upon the sale of
real.p/piperly: However, an REO Seller which is a corporation or limited liability cpmpany. formed wilfiin the
United Stbtes, and qualified either with the Secretary bf State to ck> t}usiness in Californiia or with a
permanent place of business in Califomia, will be exempt frorh wftfiih<3>tdihg under both federal and
Califomift luv?!'
8uy9i^lnrtils ( J 5 _
) ( J5
Sellert Initisb ( J L _ _ _ _ _ ) (
Tha cnpy(<ofU fawii nf Ihs Unilad Slates <Titb 17 U.S. Ccaie) fortiicf. tlio
unuumoiizoa'ropirndiaitiondf this fonn.,or nny ponion liicrcQf, by ptiolaoopy
inactiine or any oUwr mcitns, indudnn facslmDu ur comp'uknxcd foirrnols.
Cbpyiight 2006-20t1j CALU^ORNIA ASSOCIATION OF BEALTORS.
INC. ALL rGHTS RES^VED.
REO REVISED 4/11 (PAQE 1 OF 2|
,
I' ^ ' ^
Prepared uwngzipFonnSlsatlware
Property Address:
2/14/14
fl. Megan's L-aw Database Disclosure: The sale is not exempt from the requirement that residential sales
contracts contain the following notice regarding the availability of information about registered sex offienders
"Notice: Pursuant to Section 290.46 of the Penal Code, infbnnatton about specified registered sex offenders
Is made available lo the pubOc via an Internet Web site maintawied by t f Departnient of Justice at
www.megan8law.ca.gov. Depending pn an offender's criminal history, this infoimation will include either the
address at which the offender rosides or the community of resMence and ZIP Code in which he or she
resides." (Neither Seller nor Brokers are required to check this website. If Buyer wants further fnfoimation.
Broker recommends that Buyer obtain infonmation from this website during Buyer's inspection contingency
period. Brokers do not have expertise in this area.)
9. Brokers:
A. Inspection; The sale is not exempt from the Broker's obligation to conduct a reasonably competent and
diligent visual inspection of the accessible areas of the Property and disclose to Buyer material facts
revealed by such an inspection in the sale of residential proper^ containing one-to-four dwelling units.
Brokers may do so on CA.R. Form AVID.
B. Agency: The sale is not exempt from the obligation fo provide agency reiat'onship disclosure and
confirmation forms In the sale of residential property containing one-to-four dwelling units.
OTHER CQNSinFRATinWfi
1. Selection of Title and Escrow: Catfomia Civil Code section 1103.22 prahlbils Seller from requiring, directly
or indirectly, a Buyer to purchase tide insurance or escrow services from a particular title insurer or escrow
agent in connection with the sale of residential property improved with four or tbvirer dwellings. Tte Buyer
may agree to use the title or escrow provider recommended by Seller if the Buyer has been infomied of the
right to make an Independent aeledion of the applicable service. This law Is in effect until January 1, 2015.
Federal law, 12 U.S.C. Section 2608, prohibits Seller from requiring, directly br indirectly, that the Buyer
purchase title insurance from any particular title company as a condition of selling residential prpperty
Improved with four or fewer dwellings if the purchase will be made with a fbderally-related hnortgage loan.
Seller and Buyer understand that Brokers do not require Buyer to purchase title or escrow services from any
particular provider. Any cbriiriiunhMtions from Seller thiat Broker may deliver to Buyer or Buyer's agent
concerning Ihe selection of title or escrow sen/ices should not be construed as Broker's endorsement or
recommendatipn of, or request for Buyer to use, any particular title or escrow provider.
2. Local Law: Local law may impose obligations on the transfer of real properly (such as the installation of low
fk>w toilets or shower heads^ eiT)ergency gas shut-off valves or installation of smoke detectors). Local law
should be consulted to detemilne if sales of Lender-owned property are exempt frorii such ireqiJlremehts.
3. Amendments to Contract: Seller-prepared addenda, arocnamentsi or countei'-offers or a Sellerrprepared
contract, rfiay conflict with; contradict or be inconsistent with terms In Buya''s offer, Brokers cannot advise
Buyer or Seller (i) which specific terms iri any offer may be affected; i[ii) whether the tenns in any such
Selter-prepared documents .arie permissible under Carifornia Law; or (iii) in the event of a discrepancy
between the Seiler-prepared documeiits and any other Agreement between Biiyer arid Sellbn whicn
document or which terms may supersede Ihe other. .Buyei; is advised fo se.ek legal counsel to discuss the
applicatiility and ihterpretatipn of ariy Selter-prepared documents prior to signing any sUch documents.,
4. Rerital Property: If tne. Prpperty vyas occupieo by a tenant at the time the lender acquired the Prbpeily and
the tenant had a bona fide arm% length rental agreement at a fair market rate, the tenant rnay tie entitled to
the balance of their lease term, or at least a 90-day notice for temiination of a month-to-month tenancy. In
addition, certain rent control jurisdidions have asserted lhat the tenant Ktas rights under ront control after a
foreclosure. Moreover, the tenant may be entitled to the rebjm of then- security deposit even if the security
deposit was not given to the lender after the foreclosure sale or to tha buyer of ttie REO Property.
By signing below, the undersigned acknowledge that each has read, understands and has received a
copy of thi P,ED<Ad<3dry.
Buyer X
g j - W
Date
..'::;;jL-i:v!-K-.-.j
Buyer J(
Seller X
OWKBR.
Seller
^/"^^"'^
M y E C h e c k . Inc.
Date
"7 "
Date
-1 F'';;ii;viii'
. . ' ii
rt:^
R>::j--.i-ifi \,;;:-v:;'.;i;4
Date
.
w . , . TME PEftSOM QUALIFIED TO ADVISE OH REAL ESTATE
TRAMSACnONB IF YOU DESIRE LEGAL OH TAX AOVtCE, CONSULT AN APPROPRIATE PROFESSIONAL.
T)a> Itwn a auiilBhIe tar uic by the eNta reil aitMe tndinty, II it nU Inundad ta Umriilf Dw uur as a REALTORS. REALTORS k a nguttiail colMlne munbeohip muk
vMch niiqf be luedonly
by irttmban
of tn
NAnOKAL
ASSOCIAT10H
OF REALTORSSwho
sutnote
la rtiCoda
at
EtHc^
n
.
Oal
1
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OlsdMunsiaga
c A LI F o R N f A
ASSOCIATION
UF REAITOR.S'*
MEGAN'S L A W DATA B A S E D I S C L O S U R E
Regarding Reg'ietcrad SaxOffeiuters
(CJLR. FonnDeD.Rvi8d 11108)
The {ollowing tenns and conijitions are haisby Incoiponated In and made a part Of Ihe. | ^ Rssidmtial Purchase AgreBinml
Agreement,
other
,
_ dated
. on property
In which
MyECheck, Inc,
and
referred to as Buyer/Tenant
OWWER OF RECORD
ia referred to as Sellar/Landlord.
Notice: Pursuant lo Secbon 290.'46 of tha Penal Code, Infomnatior) alsout specified registered iex oHenctars is made availatile to the
public via an Intemet Web site maintained by the Oepartmenl or Jusrtics at www mnganslaw ca.gnv Depending on an offender'a
criminal history, Ihis inlbrniation wiU indude eitTier the address at which the offender resides or the cammunity of residence and ZIP
Code in vvhich he or she resides.
(Neither SeUar nor Brokers ara reqUred to ctieck this website. If Buyer wants further information, Broker recoiTnends that Buyer
obtain InfomiBlion fmm this wel^slte during Buyer's inspection conlingancy period. Brokers do not have expertise in this area.}
Buyer/Tenant
fM'.'is-^l t. I r i ^
ftCii'a-^jjfjenc,
Date . V 1 V 2 0 1 4
Buy er/Tanant
Seller/Undlord
MyECheck. Inc.
Data
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Fo!;;'l-;.
_ Oato_
^;:>ji.'nf-:Hnu:ioS.>:v;0'K;Jni .;;:.;^;rr^^.^vl^^^^l
Saller/Landlotd
Dale
D s mpynghi lawa ot ttn Untied Stales ^ H a TT U.S. Code] tottid Ihe urauUmiized repnidudian Df thta fonn. or m y porten Iheraal. by phctDccpy machins or eny oltia>
menns. incfcilng f a o M a or oomputeiiZBd tamila. Copyitgin IB 200&. CALIFORNK ASSOCIATION OF REALTORSS, fNC. AU. RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BV THE CAUFORNtA ASSOCIATION OF REALTORSS (CAR.). NO REPRESUdATlDH IS t H U i i AS TO THE LEOAL VALIOfTV
OR ADCQUACY OF AMY PROVISION M ANV SPECIFIC TBAN3ACTIOH. A REAL ESTATE BROKER IS T><E PtKSON QUALIFEn TO ADVISE ON REAL ESTATE
TRANSACTIONS, IF YOU DEaiRE LEGAL Ofl TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL
T>B lonn n MiloblB
UW by IKe EnEni leat egblte induatry, ttia nol Imended to IllenUV 0l> uwrat aREALTORlS, REALTORil<a reaiatiUBdaagailivBniamlnhipniarli
KhW> may be usti onh
(nenfcera ia MATIONAL ASSOCIATX^N OF RALTORSiS> wtw BUMcme ID ib Code ot titwx.
Revtnwed by
;Hailiy:aatibK
Mike Gcibbf
Phone: 916,100-8787
Kcllar WHIiamii Realty'548 Gibson Dr MOO Roseville
FaK:9ie.S80-S1ltT
. CA 95678
Prepared using
xtpFormSlsof^lMre
.
CALfFORNIA
A S S O C I A T I O N
(CA.R.FafinSPQ.RiMd 11/10)
OF R E A L T O B - S
This tomi is not a substitutB (br ttw Real Estate Transfer Disdosure Statament (TDS). It ia used by the Seller to provide add'itional
infonnatian wrhen a TDS is conpleted or ivhen no TDS is required.
I.
II.
SeBer mates ihe toRowIng disclosures witti regard to the real property or maniiiactured home described as
1743 Terracina Dr., EI Dorado Hills, CA 95762
. AsBassor'6 Parcel No,
,
Bituated in
. County of
, California, f PropBrly")!
The falhMwing ara reprsscnlations made by the Seller. Unlioa otherms e specified in writing. Broker and any real estata
licensee or other person worldrqi w t t i or l i i i o u g h Broker ha n o t veriired informaUon provided b y SeRef. A real estate
broker is qualffied to advise on real estate transactions. I f Seller or Buyer d e s ^ legal advice, tttey should c o n s u l t an
attorney,
III. Note t o Seller PURPOSE: To tell the Buyer about known material or BipniBeant Kerns affecting Die value or desfrabiGty of the
Property and help to eliminalB nilEunilafianding& about the conditian of the F>n](Hly.
' A m m r r baaod on actual krowledge and recollectian at ttiis t m e :
' Something that you do not consider material or significant may be perceived differeiTtty t>y a Bt^er.
' Think about viftiat you would want to know if you were buying the Properly today,
Road the questions caiefuliy and take your lima.
IV. Note t o B u y e r PURPOSE: To give you more infomiallon about known mafeifal or jtlgnKlcant Hams affecling the value or desirability
of ttw Property and help to aliminata misunderstandings atxxjt the conditon of the Proparty,
Sorralhing that.may be mateiial or significant to you, may not be perceived tho same way by the Seller.
If something Is important to you, ba sure to put your concerns and questEons In wriflng ( C A R . form BMI)L
Sellers can only disclose wtKit they actually know. Seller may not know about all matarial or sign'rficanl itams.
SallBr's disckisuies are not a substitute for your ovm investgations, persona I ^jdgmenta or common sense.
Y.
SELLER AWARENESS: For e a d i statement below, ansvcr the iiiacsllan "Ana you (Sellar) aware of^." by d i B c U ng oitttor
T e s " o r ' N o . " Pnwfdo oiplanatidna I D anawers in the s | c e piovided or attach addtdonal comments a n d iehecii section VL
A . STATUTORILY OR COKTOACTUALLY REQUIRED OR RELATED:
ARE YOU (SELLER) AWARE OF...
1. Within the last 3 y a a n . tha death of an occupant nf the Property upon the Properly
Yes No
2. An Order from a govemment health official identifyhg tfae Pioperty as being contaminated by
fnelhamphetamlfie. (K yas, attach a copy of the Order.)
Yea No
3. The reieasa cS an Blegal contralled substance on or benaath the Property
Yes No
4. Whattiar ttie Praperty is located n or aiQacenl to an industrial use* zone
Yes No
(In general, a zone or district aDowing manufacturing, commercial or airport uses.)
5. Wbelfier the Property Is afliected by a huls.-vicp created hy an 'iriduBtrial uaa" zona
O Yes No
8. Whether tha Property is kjcated vtiithin 1 mila of a former tedBnnl or atate ordnance toeatkin
Q Y e s No
(In ganaral, an area onoa used fbr miftaiy training purpcsas that may contain potenHaBy explosive munitions.)
' 7 . Whether the Praperty is a oondomlnium or located in a planned unH developnvent or ottier
common Interest subdivision
Q Y e s O No
8. Insurance claims afiiuling tho Properly within ttia past 5 ysara
Q Y e s No
S. Matters aftecting titia of ttia Property
O Y e s No
10. Material fads ot defects affecting the Property not otherwise disclosed to Buyer
O Y e s No
Explanation, or { i f checkod)see attached;
.
- . .
B.
REPAIRS A M } ALTERATIONS:
ARE YOU (SELLER) AWARE O F . .
1. Any aterations, mndificatians, rnnodding, replacetnents or material repairs on ihe F>roperty
(inchiding those resulting from Home W a n a n ^ claims)
O Y a s No
2. Ongoing or rocunring malntoiiarioo on the Prppetty
{(oroxnmple. drain orsBwer i:lea(Vul, tiHoor peat CO
. Q Y e s No
3. Any part of the Praporty.being paihtod Wilhin thie.post 12 rnonlhs
O Y e s No
D5
Buyers l n l l i ^ ( i _ j ; 2 _ ) ( X _
S e l l e i ^ InMals < ^
it!nr(>dutli>morthlDfsnn.ar(a>ypai1ianltiamt>r;tiypha!oc6
moisu.
& 200S-20to,
1
, kicfuiSrm
k k..<,. ttaSaiSa.
j;
,_n- at osnipuldnwd
.A.:^
fw(biimb, ' CoityrfaM
v
..,..1,,'.si
onnc.^n.n
CAUFORNIA ASSOUATIOM OF REALTORSK^ WC. AIJ. RIGKTS RESERVED.
)(
unaiilhoiBHil
^ r ^ S .
^
jRe.rtaeat.y
an*
Dai
P n p a r s d u s i n g xlpFannSsoRwnro
Property Address-
2/14/14
4.
Yes
No
C.
D.
UMWNl^mW-
E.
F.
m
Buyei^ InMals():
'
)(X
C o p n a M 2 0 0 S . 2 O 1 O , C A U F O R N I A ASSOCIATION OF R E A L T O n a a . I N i :
SaBar's InHlala ( X
I
nnv.
)(
1
1
|
Btarr.'.i
2/14/14
Explanation:
ITNKNOWgsl:
H. LANDSCAPING, POOL AND SPA:
ARE YOU (SELiat) AWARE Of...
1. Diseasesor infestations affecting trees, plants or vegetation on or near the Property
OYes No
2. Operational sprinklers on the Property
] QYes O No
(a) If yes, ara ttiey automatic or Q manually operated.
(b) If yes, ere there any areas with trees, plants or vegetation not covered t)y the sprinkiar system
GYes No
3. An operational pool healer on the PraperV
O Yes No
4. An operationBl spa heater on tha Property
QYoa Q No
5. Past or present defects, leaks, cracks, rspaini or other problems wilh the sprirMarB. pool, spa,
watsifell. pond, stream, drainage or other water-related decor including any ancillsry
equipmnnt. Including pumps,filters,healers and cfaankig systems, even if repaired
QYes [ ] No
Explanatton:
WfKMeWN I.
Commltee requirement
Yee O No
Explanation:
J.
unJumM
. .
K. NBGHBORHOOD:
ARE YOU (SELLER) AWARE OF..
1. Neighbornood noise, nuisance or other problems from sources such as. but not iniited to. the
following: neighbors, traffic pariting congestion, airplanes, trains, light rail, sutrnvy, tnicka,
freev^ays, buses, schools, parks, refuse storage or landfill processing, agricultural operations,
business, odor, recreational fiac'ilitiBs, restaurants, entertBinment complexes or feclRlies,
patades. sporting events, fairs, naighborhoad parties, fitter, construction, air conditioning
aquipmsnt. air compressors, generatois. pool equipment or apptiancas, or wildlife
Yes Q No
Explartation:
.
UrvrKNQWM
35
Quya.'t Inmate I X ^ 2 _ ) ( 2
/f-,
CopYrlBht200V10.CALIFORNtAASSOC1AT10NOFH6ALTOR3S).lNC,
Sallafs Initials ( X
j
)(_
Property Address:
2/14/14
L.
GOVERNMENTAL:
ARE YOU (SELLER) AWARE O F . .
1. Ongoing or contemplatad eminent domain, condemnation, annsxation or change in zoning or
general plan that applies to or could affect the l^oparty
YBS No
2. Existence or pendency of any rnt oontrol. occupancy restrictionB, improvament
restrictlans or retrofit requirements that apply to or could affscl the Property.
Yes No
3. Existing or contemplated building or use moratoria that apply to or could alfect the Proparty . . . .
Yes No
4 . Current or proposed bonds, aaaessments. or fiees that do not appear on the Property tax bill
that applies lo or could affed the Proparty
Yes No
5. Proposed construction, reconfiguration, or dosurs of naartiy Government facilitiBS or amanitiaB
such as schools, parks, roadways and traffic signals
[Yos No
6. Existing or proposed Government requirements affecting the Property (I) that tall grass, brtisfi
or other vegetation be cleared; (iO that raslrict tioe (or other landscaping) planting, ramoval or
cutting or (iU) that flammable materials be removed
Yes No
7. Any pratectsd habitat for plants, trees, animals or inaads that apply to or oouM afliect Ihe
Property
Yea No
B. Whether the Proparty is hlBtorkally deslgnateid or falls within an existtng or proposed
Historic District
Yes No
Explanation:
M. OTHER:
ARE YOU (SELLER) AWARE OF...
1. Reports, inspections, disdosursa, wananties, malntananoe reoommertdatlons, aatimatss,
studies, aunreys or other documenta, pertaining to (i) Itie condition or repair of the Property or
any 'mprovamant on this Property in the p s s i now or proposed, or (li) easements,
encroachments or boundary disputes affecting the Property
O Y a s No
(If yes, provide any such dncumanls In your possession to Buyer.)
2. Any past or present known malarial facts or other signilcarrt items atfecting the value or
desirability of Ihe Property not otherwise disdosed to Buyer
D Yea O No
Explanation:
ii;i.tii:i:ri:i:<i;i^MillVi:
VL (IF CHECKED) AD[>rnONAL COMMENTS: Tha attached addsndum contains an explanation or additional comments in
response to (pacific questions ansv/ered 'Ves" above. Refer to line and question numbar in sxpbnation.
Sallsr represents that Seller has pnmidad Ihe anaravani a n d , If any, explanalionB and comments o n this f o r m a n d any attached
addenda and t h a i such kifaimation is true and correct t o the baal of Saller'a knowledge aa o f the date signed b y Selar. Bellar
acknowfedaea f i i Saiiar'ii nMinirfinn t n lOwtnaj, intnwmaHn.. . I . _ D , > ^ |]y tttj^ f o n n ta Independent from any duty of
) nothing t h a i any s u c h raal aatate licensee does or
disclosi
says to
OHIJEK OF- RF.r.aRn D a t e .
SellBr >
Oate
Seller
Buyer X
Buyer X_
'P.i!jJ\Yi.
Date
t.
MyECheck, Inc,
2/14/2014
Date
THIS FORM MAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORSS) (CAR.X NO REPRESENTATION IS MADE A6 TO THE LEGAL VAUOTrV
OR ADEQUACY OF ANV PROVISION IN ANY SPECrC TRANSACTION. A REAL ESTATE BROKER 13 THE PERSON QUAUFIED TO ADVISE OM REAL ESTATE
TRANSACTIONS. IF VOU OESIRE LEGAL ORTAX ADVICE. CONSULT AN APPROPRIATE PROFEEStONAL
ThSslbenliaMllAlahfua fay IKeenlns raal adaln indualiY. It Is nol Inlrralad ta jdenlHy the user as B REALT0R3I. REALTOftSb a msiitered oollacAre nienitierBhi)i meik
Which ny ba uaed onl/ by memtiats dt the NAT10t4AL ASSOCIATION OF REALTORStt who giAaoiba ts IK Coda d Et\\a.
PuiLlilttd snd I^iUI&t.'tftd br. .
RFAtESIArK BUSNKSa SOIVKCS.WC,
yeTffii CAtirOWu ASSOO/URWOf R<U.rOSSI
'SlS.Gailh>%1 Avcmip, Un An^oin.Ca^tomii. 90021)
Reviewed b y .
.Dale
CALIFORNIA
ASSOrrATiON
OF
R E A L T O R S
PiopenyAddioM'
( C A . R . F o n n W H S D , f t e v i s e d 11/10)
1743Terfadna
D r . , El D o r a d o Hills, C A 9 5 7 6 2
NOTE: A sallar who is not required lo pnnride ona of flia killowing statements of r a r p l i a n o e is not necessatSy exempt ftom tha at>figBtton to providB
lha other slalemant o f compdanca.
STATE L A W : Caltfomis Law requires that a l new and replacamant water heiiterij anil ejosling raskkmlial water haatare bo braced, anchcrad or
gfrappad to raaat falling or horizontal displacement due to earttiquitfca motion. Water lioalci" means any standard water hsalor wiHi a capncily of no
more Dinn 120 gallons fnr wtiich a pre-onginconirf strapping kit is readily ayalabla. (Hoattli a n d S a f i ^ Code l 9 2 l 1 d ) . Atthough nol apecNIcalty
staled. Iho statue nK|uiring a stalomont oT complianr.c doroH not sppoar lo apply lo a praporty inslulled a n d b o l c d lonUaia water hsaiter lor Ilia
Allowing, raaooro: Thoro. is no tank that can ovoclum: Pro^nglnccTDd Mrspprng kits for such davtcss ate not readily available; m d Boltina already
exists thai w o i M lielp avoiil disptadumom or bmalcaoe in the evsnt ol an eaittiquake.
2. LOCAL REQUREMENTS: Somo local nrdlnanoas impoaii nroiu stiingtml watar haater hradng, anchoring or strapping lequiremanb than doas
California I j w , ThfOBtare. It la Important to chock with local taty or county buiding and safely depanments regarding Iho appUcable water haatar
bracing, andioiing or strapping requlrBmonts for ymif pioperty.
3. TRANSFEROR'S WRfTTEN STATEMENT: Calilami.1 nealtit and Satoty Coda 10211 rnquires the scQor of aiiy rooj property conlalniiq a water
Itoator to certify, in wfiMng, Uiot l l w Mllor is in bompliance with Culitomia Stals Law. IT tha Praporty Is a manufncturad or mohila hoimi. Seller shall
d e o filo a rcqulrud Stalmnanl with tho Dapanmnnt of Housing and Comnunity Devalcpmnnt
4. CEHTIFICATtON: SaMar rcpreseroi that Iho Property, .is of Iho CICMB Of Eicrow. wilt ba in compliance with Heolih and Snloty Coda $18211 by
Iwying Bic wirtij
cccntanca with thO&a rnqulremenb.
Sellor
I KER OF RECOftn
Int Namef
Date
Sallar
(Slgnatural
iPrinI Name)
K.
Data
M y E C h e c k , Inc.
BuyerJJ_
(Signature)
2/14/2014
(Print Name]
Date
(Print f!une)
OWNER O f
(PiVitName)
KECaSD
Oate
Selar
Date
pngnature}
(Print Nama)
'
The under^irinq^j||gg;<^4i|^owredge(s) receipt o i l copyof Ih'ii Watar Haalar and Smoke DetectorStatnTVHitofComplianoa.
Buyer i L
(! tgnature)
Dots
2/14/2014
(Print Name).
Buyar X
Dale
(Print Name)
(Signature^
Thacopyi^hllBwiiofthoUnaef] Slataa ( m 17 U,S, Coda) fortud Ihs un^njOurized fapradudion oftfiielotm, orany portron themot. by photDoopy machina or any olhar rnsan*,
Muding taaamileor conpularind tornials. CopyrigM & 1991.2010 CAUFORNIA ASS0CIATX3N OF REALTORSS. m c , ALL RIGHTS RESEfMEO,
TVS5 FORM HAS BEEN APPROVED BY THE CAUFORNM ASSOCIATION OF REALTORSCP (CAn.| . NO REPRESENTATION IS MADE AS TO THE LEGAL VAUCnTY OR
AOEQUArr OF ANV PROVISION IN ANV SPECIFIC 1TWNSACTION. A REAL ESTATE BROKER 13 THE PERSON OUAUFIEO TO ADVISE ON REAL ESTATE
TRANSACTIONS, IF YOU DESIRE LEGAL OR TAX AOVKE. (KMSIJIT AN APPROPRIATE PROFESSIONAL;
Tl^'lbtni tt nwiilAto fed usa by Via uiibrn iita] csbto induufcy. K n not ifitsnded ID Identic 6ia usar a i a REALTOR, REALTOR la a regittAfiHl ooHedivB montbea&lup reartt
which w i y ba.uMd only by rnofrttom al Iho NATIONAL ASSOCIATION OF REALTORSS who subnoiibo to ito Coda sf Ethics,
FiUidnd niil IlisUiiita] by:
VSML WtKXi BliSlN^' SEHV|l;):S, INC
11 otal4)iiy W Iftr C*UFORr< >SSOCM
.DateRoviawedby.
F a j : 916.580^187
,CA958T8
ti!
Preparad u s k i g z i p F o n n d so<t>Miro
C, J, I, I I' (.) K N I
A .s s o c I A T K I N
O I- K !. ,\ 1, 1' O R ,S "
Property Address-
1. INSTALLATION OF C A R B O N MONOXIDE D E T E C T O R S :
A.
Requirements: Califomia law (Health and Safety Code sections 13260 to 13263 and 17296 to 17296.2) requires thai as of July
1, 2011, all existing single-family dwellings have carbon monoxide detectors installed and that all other types of dwelling units
intended for human occupancy have carbon monoxide detectors installed on or before January 1, 2013, The January 1, 2013
requirement applies to a duplex, lodging house, dormitory, hotel, condominium, time-share and apartment, among others.
B.
Exceptions: The law does not apply to a dwelling unit vihich does not have any of the followflng: a fossil fuel burning heater or
appliance, a fireplace, or an attached garage. The law does not apply to dwelling units owned or leased by the State of
California, the Regents of the University of California or local govemment agencies. Aside from these three owner types, there
are n o other owner e x e m p t i o ns ^rom the installation requirement; it applies to all owners of dwellings, be they individual
banlss, corporations, or other entities. There is no exemption for REO properties,
2. DISCLOSURE OF CARBON MONOXIDE DETECTORS: The Health and Safety Code does nol require a disclosure regarding the
existence of carbon monoxide detectors in a dwelling. However, a seller of residential 1-4 property who is required to complete a
Real Estate Transfer Disclosure Statement, ( C A R . Form TDS) or a Manufactured Home and Mobilehome Transfer Disclosure
Statement ( C A R. Form MHTDS) must use section II A of thai form to disclose whether or not the dwelling unit has a carbon
monoxide detector
3. COMPLIANCE WITH INSTALLATION REQUIREMENT: State building code requires at a minimum, placement of carbon monoxide
detectors in applicable properties outside of each sleeping area, and on each door in a multi-level dwelling but additional or different
reouiremenls mav aoolv depending on local building standards and manufacturer instructions. An owner who fails to install a carbon
monoxide detector when required by law and continues to fail to install the detector after being given notice by a governmental
agency could be liable for a fine of up lo $200 for each violation. A transfer of a property where a seller, as an owner, has not
installed carbon monoxide detectors, when required to do so by law, will not be invalidated, but the seller/owner could be subject to
damages of up to $100, plus court costs and attorney fees. Buyer and Seller are each advised to consult with their own home
inspector, contractor or building departmeni to determine the exact location for installation of carbon monoxide detectors. Buyer is
advised to consult with a professional of Buyer's choosing to determine whether the property has carbon monoxide detector(s)
installed as required by law, and if not to discuss with their counsel the potential consequences.
4. LOCAL REQUIREMENTS: Some localities maintain Iheir own retrofit or point of sale requirements which may indude the
requirement that a carbon monoxide detector be installed prior to a transfer of property. Therefore, il is important lo check the local
city or county building and safety departments regarding point of sale or retrofit requirernents when transferring property.
The undersigne
Detector Notice.
^
^
Seller
! 0b
':U'
^
,
...
-.
Date
.-.
(Sign
Seller _ _ _ _ _
[Sign
Buyer
Da'e
,
.....
"
-^jwI/'XV
(Si|jnalure) _^^^ ^
Date
M y E C h e c k , Inc.
(Print Name)
2/14/2014
Buyer
Date
(Signature)
(Print Namo)
The cQpvriqhl laws of the UniteiJ States (TiHe 17 U.S.,Code) forbid Ihe unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any olhor means,
including facsimile or computerized tomials. Copyright 2012 CALIFORNIA ASSOCIAI ION OF fiEALTORS, INC. ALL rJIGHl S RESERViiQ.
THIS f^ORM HAS BEEN APPROVED BY IHE CALIFORNIA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESEN fATION IS 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 lorrn is available lor use by Ihe enliio real estate industry. II is not intended lo identify the.user as a REALTOR, REAL IORM is a registered collecliue membership mark
which may be used only by members of Ihe NATIONAL ASSOCIATION 01- REALTORS who subscribe lo rts Code of Elhics.
Puliisheii and Disintxled b/.
REAL ESTATE BUSINESS SERVICES, INC,
a .Tij/i.wiary of (fie CiMmia Associstim cfRI'Al TOtiSS
^ 525 Soulii Vrgil AvonuJ, Los Anaeiss, Catlom a S0020
'
CARBON M0NO)(IDE DETECTOR N d t l C iE (CMD PAGE 1 OF 1)
Agent: Mike Gobtji
Phone:916,300-e787
Fax:916.580-6187
Broker: Keller Williams Realty 548 Gibson Dr 0200 Roseville
. CA 95678
CALIFOiVNIA
ASSOCIATION
OF R.EA L T O I L S *
, on property known as
, ('AgrBement")
between_
MyECheck, Inc
_ .("Buyer/Tenant")
and
owner of record
.("Seller/Landlord").
1,
Check ONE box ONLY, If more than one applies, use separate forms for each,
A. Jsf Multiple Associale-Licensaes wot1<ing with Sellerfl-andlord;
OR B. Multiple Associate-Licensees working with Buyer/Tenant;
MIKE GOBBI
KATHY GOBBI
Associate-Licensee 1 and Associate-Licensee 2 have entered into a separate w/ritten agreement to Share responsibility
and compensation for certain real estate licensed activity and have informed Broker of, or given Broker a copy of, that
separate written agreement.
By signing below, ali parties understand, acknoMfledgs and agree that, wherever the name of either Associate-Licensee
1 or Associate-Licensee 2, as applicable, is indicated In the Agreement or related document, including Ihe paragraph
on Real Estate Agency Relationships, the other Associate-Licensee shall also be deemed to be named.
2/14/14.
Date
Date
Assuciale-Licensee 2_
Associate-Licensee 1
ORE Lie. # o o i
2/14/14
Amoiai
ORE Lie, #
0 O 9 0M53L'^'=3^
2/14/2014
DatG
Buyer/Tenant
"PyLltjiyTL t . .'vfg.r/^i
MyECheck, Inc.
Buyer/Tenant.
Ihft cnpyrtohl laws ollhe United States (Title 17 U.S. Codo) lorbid the unauthaiized reproducjon of Ihis lorm. or any porSon thereoL by phouixpy machine or oiy olher means.
IrMSudlne (acslmlle or computorized foimals. Copyright 2012, CAUf ORlJlA ASSOCIATICSN OF REALTORS, INO, ALL RIGHTS RESERVED,
THIS FORM HAS aeEK APPROVED BY THE CAUFC(?I^IA ASSOCIATION Of^ PEALTOf^S*. NO REfKI-SeWTATfON (3 MADE AS TO THE LEGAL VALIOITV OR ADEQUACY
OP ANY PROVISION IN AMY SPECIKIC TRANSACTION A REAL tiSTATE BROKER IS THE PERSON QUALIFIED TO .ADVISE ON REAL ESTATE TRAMSA.CriONS. IF YOU
DESIRB LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL
This f s m l i availabts lor use by ths endiB real estala induslry, f, is not inlsnded to rdanlify tha usar as a REALTORS, RCALTORH) is a ratl&lerod collKtive mamliar^ip niarlc
which ma/be used onir hy fncmbOfS of the NATIONAL ASSOtlAriON t)H RKAI.TOH.! who subscribe to ib Cede of Elhita,
ra.
1^ ,
"I
Itevlewed by _ . Data .
.--^
c; .A 1 1 , (, R .V 1
A S S<K, 1 A T U ) i .
DISCLOSURE REGARDING
^ A L ESTATE AGENCY RELATIONSHIP
^
^fcr
O I-
R K ,\ I
(Selling F i r m t o B u y e r )
( A s required by t h e Civil Code)
I ' C H i .S
( C A . R , F o r m A D , R e v i s e d 11/12)
Q ( l f checked) This form is being provided in connection with a transaction for a leaseholder interest in a dwelling exceeding one year as per Civil Code
section 2079.13(j) and (I),
When you enter into a discussion w i l h a real estate agent regarding a real estate transaction, you should from the outset understand w h a l type of agency
relation.ship or representation you wish to have wilh Ihe agent in Ihe transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as llie agent for the Seller only. A Seller's agent or a subagent of that agent has the
following affinnative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyally in dealings with the Seller.
To the Buyer and thu Sullat:
(a) DUgeiil fdxeicise ol luasonalile skill and care in performance of Itie agenfs duties.
(b) A duly of honest and fair dealing and good faith,
(c) A duly l o disclose all fcicis knov/n lo the agent materially affecting the value or desiratjilily of Ihe property lhat are n o l known lo, or wilhin the
diligent attention and obseivation b l , ihe parties. A n agent is not obligated to reveal to either party any confidential information obtained from the
other party thai does not involve the affiimative duties set forth above,
BUYER'S AGENT
A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, Ihe agent is nol the Seller's agent, even if by
agreemem the agent may receive compensation for services rendered, either in full or in part from the Seller. A n agent acting only for a Buyer has the
following affirmative obligations:
To tha Buyer: A fiduciary duly o l utmost care, integrity, honesty and loyalty in dealings wilh the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance o f t h e agenfs duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to Ihe agent materially affecling tho value, or desirability o l the propcrtv that are not known to, or within Ihe
diligent attention and observation of, the parties.
An agent is not obligated lo reveal lo either party any confidential informallon obtained from Ihe other party that does not involve the attirmalive duties set
forth above.
AGENT REPRESENTING BOTH SELLER A N D BUYER
A real estate agent, either acting directly or through one or more associate licensees, can legally he the agent of both the Seller and the Buyer in a
transaction, but only with the knowledge and consent of both the Seller a n d the Buyer,
In a dual agency situation, the agent hns the foDowihg alllimativo obligations to both ttie Seller arid.Ihe B u y e r
(a) A fiduciary duty o! liimosl care, integrity, honesty and loyally in ihe.deaijngs w i t h cither the SOllcr or the Buyer.
(b) Other duties to Ihe S e l l e r , i n d tho Buyer OS stated above in t h d r icspcciive.sections.
In represenling both Seller ohrf Buyer, the a g o n ! may nol, wiihoul Iho express permission of ihe rcspcciivb party, disclose to the other party lhal the Seller
wiD accept a price less than the listing price or ihat the Buyer will pay a price greater Ihan Iho price offered.
The above duties o f t h e agerit iri'a real estate transaction do not relieve a Seller or. Btiyer Irom Ihe responsibility to protect his or her own interests. You
should carefully read all agreements lo assure thai they adequately express your uriderstanding of the transaction. A real estate agent Is a person
qualified to advise aboul real estate. If legal or tax advice is desired, consult a competent professional.
Throughout your neat property transaction you may receive mora than one disclosure form, depending upon the number of agents assisting in the
transaction. The law requires each agenI with w h o m you have more than a casual relationship to present you with this disclosLiie form. You should read
Its contents each time it is presented lo you, consideiing the relationship between you and the real estate agent in your specific transaction. T h i s
d i s c l o s u r e f o r m Includes the p r o v i s i o n s o f S e c t i o n s 2079.13 t o 2079.24, I n c l u s i v e , o f the C i v i l Code set f o r t h o n page 2. R e a d It c a r e f u l l y . l/WE
A C K N O W L E D G E RECEIPT OF A COPY OF THIS DISCLOSURE A N D T H E PORTIONS OF T H E CIVIL CODE PRINTED ON THE B A C K (OR A
S E P A R A T E PAGE).
..va"''H',
0
Buyer
Seller
Landlord
Tenant
MyECheck,
Buyer
Seller
Landlord
Agent
""'^'i"
By
Tenant
-/^.^l ..V.ilM
Inc.,
V.
'^'cW-
I'Ul::
(Salesperson
or Broker-Associate)
MiJte
02/11/2014
Date
Keller
Williams
Realty
Heat Estate Broker (Firm)
'
Date
Date
02/11/2014
" i
' Seller/Landlord
TTate"
The copyright laws oi Ihe United States (Title 17 U.S. Code) lorbid the
unauthorised reproduction of this form, or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats.
C o p y r i g h l 1991-2010, CALIFORNIA A S S O C I A T I O N OF REALTORS, INC.
ALL RIGHTS RESERVED.
| Reviewed by
Date
Michael G o b b i
Phone:918,601.622 4
FaxT916,580.6186
(d) The disclosures and confimnalion required by this section shall be in addition to the disclosure required by Section 2079.14.
2079.18 No selling agenl in a real property transaction may acl as an agent for the buyer only, when the seSing agent is also ading as the lisling agent In
the transaction.
2079.19 The payment of compensation or the obligation lo pay compensation to an agent by the seller or buyer is not necessarily deteiminalive of a
particular agency relafionship behween an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensatran or
commission paid, or any righl to any compensation or commission tor irvhich an obligation arises as the resull of a real estate transaction, and the terms of
any such agreement shall not necessarily be determinative of a particular relationship,
2079.20 Nothing in this article prevents an agent freim selecting, as a condition of the agent's employment, a specific forni of agency relationship not
specifically prohibited by this article ifthe requirements of Section 2079,14 and Section 2079,17 are complied with.
2079.21 A dual agent shall not disdose to the buyer thai the seller is willing to sell Ihe property at a price less than the listing price, without Ihe express
written consent ol Ihe seller. A dual agenl shall not disclose to the seller lhal the buyer is willing lo pay a price greater than the offering price, wiltioul the
express written consent ol the buyer. This section docs not alter in any way the duly or responsibility of a dual agenl to any prindpal with respecl lo
confidential infomiation other than price,
2079.22 Nothing in this article predudes a listing agent from also being a selling agenl, and the combination o( these (unctions in one agent does not, ol
itsell, make lhal ageni a dual agent
2079.23 A contract between the principal and agent may be modified or altered lo change the agency relationship al any lime before the performance ol the
act which is the object of the agency with the written consent of the paities to the agency relationship.
2079.24 Nothing in this article shall be conslrued to eKhar diminish the duty of disdosure owed buyers and soOers by agents and their associate licensees,
subagenls, and employees or to relieve agents and their associate licensees, subagonts, and employees frorn liability (oi their conduct in connection with
acts governed by this article or lor any breach of a fiduciary duty or a duty of disclosure.
| Reviewd b y .
t : .\ I. 1 1- (,") R N I :\
o,
Rl A I T O R S
BUYER OR SELLER
(CyV.R. F o r m D A , 11/06)
A real estate broker, whether a corporation, partnership or sole proprietorship, ("Broker") may represent more than one
buyer or seller provided the Broker has made a disclosure and the principals have given their consent. This multiple
representation can occur through an individual licensed as a brol<er or through different associate licensees acting for the
Broker, The associates licensees may be working out of the same or different office locations.
Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time.
These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may
be listed with Broker and some may not. Broker wiii not limit or restrict any particular buyer from making an offer on any
particular property whether or nol Broker represents other buyers interested in the same property.
Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result.
Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same
prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers
may be represented by Broker and some may not. Broker will market ail listed properties to all prospective buyers whether
ornot Broker has another or other listed properties that may appeal to the same prospective buyers.
Buyer and Seller understand that Broker may represent more than one buyer or seller and even both buyer and seller on
the same transaction
If Seller is represented by Broker, Seller acknowledges that Broker may represent prospective buyers of Seller's property
and consents to Broker acting as a dual agent for both Seller and Buyer in that transaction.
If Buyer is represented by Broker, Buyer acknowledges that Broker may represent sellers of property that Buyer is
interested in acquiring and consents to Broker acting as a dual agent for both Buyer and Seller with regard to that property.
In the event of dual agency, Seller and Buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not
disclose to Seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written
consent of the Seller, will not disclose to the Buyer that Seller is willing to sell property at a price less than the listing price;
and (c) other than as set forth in (a) and (b) above, a Dual Agent is obligated to disclose known facts materially affecting
the value or desirability of the property to both parties,
NON CONFIDENTIALITY OF OFFERS: Buyer is advised that Seller or Listing Agent may disclose the existence, temns, or
conditions of Buyer's offer unless ail parties and their agent have signed a written confidentiality agreement Whether any
such information is actually disclosed depends on many factors, such as cun-ent market conditions, the prevailing practice
in the real estate community, the Listing Agenfs marketing strategy and the instructions ofthe Seller.
Seller and/or Buyer acknowledges reading and understandirig this Disclosure and Consent for Representation of
More Than One Buyer cr SelloT and agrees to the dual agency possibility disclosed.
Seller(x] Buyer
Cl.'JiKr,},
Sf,M rS
^
MyEChe.ck ,....Inc,.,
7-,
-ri.l.?.>il4
__,
;-.r^i:ti'-i'i-\iij':,T'.iri!i; ".. .T:
Seller! I Buyer
'.".\^..,.
i'.-'-!.-f.t.?,i'i..'.vi-r'Jr.nvjo'
i'Ui!:^ (^M:l
Mike
Williams
_. Date.02/11/2014
-nr.., I
Realty
_ Date
BRh Lie # 01272617
Date 02/11/2014
Gobbi..,
2013. Calilornia Association ol REALTORS, Inc, United States copyrighl law (Title 17 U.S, Code) forbids the unauthorized disiribulion, diapluy and reproduction of Ihis form,
or any portion thereof, by photocopy machine or any other means, including facsimile or computerized fonnats,
Tl IIS FORM I IAS UEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVI.SION IN ANY SPECIFIC TRANSACTION, A REAL ESTATE BROKER IS THE PER-SOf^ QUALIFIED TO ADVISE ON REAL ESfATE
TRANSACTIONS, IFYOU DESIRE I.FGAl. ORTAX A13VICE, CONSUl.T AN APPROPRIATE PROFESSIONAL,
I his form is made available to fea\ eslote professionals through an agreement wilh or purchase from llie Calilornig Associalion ol REALTORS. II is ncl intended 10 identify the
user as a REALTOR. REALTORE is a registered collective membership mark which may be used only hy members ol I he NATICNAL ASSOCIATION OF REAl.TORS who
subscribR lo its Code nf Elhics,
PuUishefl aid Dislrbulcd by;
REAL ESTATE BUSINESS SERVICES. INC,
a siitofViary of (fie CaBtatnia Association tJ HFALTORS
J 5 2 5 SouLi Virgil Avenue, Los AnjiHes, CafloniB 91)020
Reviewed by
Date ,
DA 11/06 (PAGE 1 OF 1)
REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (DA PAGE 1 OF 1)
Agent:
Michael G o b b i
P h o n e : 916.601.6224
Fax: 916.580.6186
Prepared u s i n g z i p F o n n s o f t w a r e
C; A I. 1 I- O R M I ,A
.A S S O C 1 A r I O N
OF a I:'. A 1. r o R s
Februarv
11.
2014
Other
MYEOieck.
between
("Agreement")
1743
on property known as _
rer,racina
Inc.
Dr
("Buyer/Tenant")
and
.("Seller/Landlord"),
1,
Check ONE box ONLY, If more than one applies, use separate forms for each.
A. IVlultipie Associate-Licensees working with Seller/Landlord;
OR B. ua IVIultipie Associate-Licensees working with Buyer/Tenant;
("Associate-Licensee 1") and
("Associate-Licensee 2")
are both real estate licensees conducting real estate licensed activity under the license of:
KELLER WILLIAMS REALTY
("Broker").
2.
Mike Gobbi
Kathv gobbi
Associate-Licensee 1 and Associate-Licensee 2 have entered into a separate written agreement to share responsibility
and compensation for certain real estate iicensed activity and have informed Broker of, or given Broker a copy of, that
separate written agreement.
3.
By signing beiow, aii parties understand, acknowledge and agree that, wherever the name of either Associate-Licensee
1 or Associate-Licensee 2, as applicable, is indicated in the Agreement or related document, including the paragraph
on Real Estate Agency Relationships, the other Associate-Licensee shail also be deemed lo be named.
Date
Date
02/11/2014
Associate-Licensee 1
Associate-Licensee 2
Mi Jre
BRE Lie. #
Date
Buyer/Tenant X
V.AXL, Qf,(,i
Gobbi
Kathy
BRE Lie. #
00784661
02/X1/2014
02/11/2014
Gobbi
00904523
Date
I v.,.>.,
/^^'.H-rAiyt. >'..
Seller/Landlord
MyECheck, , Inc.,
Seller/Landlord
Buyer/Tenant
The copyrighl laws ol Ihe United Slates (Title 17 U.S. Code) foibid the unaulhorized repioduclion o[ Ihis form, or any portion ifiereof, by photocopy machine of any olhei means,
including facsimile or computerized formats. Copyright IB 2012. CALIFORNIA ASSOCIATION OF REALTORS, INC. ALL RIGHTS RESERVED.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY
OF AM>- PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS, IF YOU
DESIRE lEGM. OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This lorm IS available for use by Ihe entire real estate industry, li is nol intended to identify Ihe user as a REALTOR. REAL TOR is a registered collective membership marit
which maybe used only by members olthe INIATIONAL ASSOCIATION OF REALTORS who subscribe toils Code of Elhics
Pul:lisiied and Dislribuled by:
REAL ESTATE BUSINESS SERVICES, INC.
a subsidiaiy ol Ihs Calilomia Association ol REALTORS^
525 South Virgil Avenue. Los /\ngeles, Carifornia 90020
Reviewed by _
Date
Fax: 916.580.6186
c: A 1. I F o R N I A
^
^
Asstl
lATiniv'
REO ADVISORY
For Properties Being Sold by a Lender After Foreclosure
(C.A.R. Fonn REO. Revised 4/11)
O I- U E A I. T () R .S '
1743 Terracina
Dr
Property Address:
E l Dorado H i l l s , CA 95762
("Property").
The Seller of the Property is a lender who has acquireiJ litle to the Property either by foreclosure or through a
deed given in lieu of foreclosure. Many obligations imposed upon sellers, particularly sellers of real property
containing one-to-four dwelling units, may nof be applicabie to the sale of the Property. However, even though
Seller is exempt from many obligations, Seller must still comply with many others. Further, even though a
Seller may be exempt from certain obligations, a real estate broker's obligations may still appiy. This Advisory
is intended to inform Buyer and Seller of their rights and obligations independent of those established by the
contract between them.
EXEIVIPTIONS:
1. TDS, NHD, Mello-Roos, Improvement Bond Act, Supplemental Property Taxes, Private Transfer Fee:
Seller is exempt from providing Buyer with the Real Estate Transfer Disclosure Statement (TDS), Natural
Hazard Disclosure Statement (NHD), a Melio-Roos district lien disclosure, an Improvement Bond Acl of
1915 notice, a Supplemental Property Tax notice, and a Notice of Private Transfer Fee pursuant to
California Civii Code 1102 et seq.
2. Earthquake Guides: Seller is exempt from providing either a Homeowner's or Commercial Property
Owner's Guide to Earthquake Safety.
RFQlllRFMFKIT.q1. Disclosures: Seller is nol exempt from common law and statutory duties concerning fraud and deceit,
even though the specific TDS Form is nol required lo be completed. Seller remains obligated to disclose
known material facts affecting the value and desirability of the Property,
2. Hazard Zones: Seller is no) exempt from applicable statutory obligations to disclose earthquake fault
zones, seismic hazard zones, state fire responsibility areas, very high fire hazard severity zones, special
flood hazard areas and flood hazard zones pursuani to the Public Resources Code, Governmeni Code and
United States Code, even though, pursuani to the Civil Code, the specific NHD Form is not required to be
completed.
3. Smoke Detectors: The sale is not exempt from the State requirements lhat, for single farnily residences,
operable smoke detectors be in place and that a written statement of compliance be provided to Buyer, it
is negotiable between Buyer and Seller who is to pay for the cost of compliance.
4. Water Heaters; The sale is nol exempt from the State requirement thai water heaters be properly
anchored, braced or strapped and that Seller provide a written statement of compliance to Buyer. It is
negotiable between Buyer and Seller who is lo pay for the cost of compliance.
5. Lead-based Paint: The Seller is nol exempt from the federal obligation to: (i) disclose known lead-based
paint and lead-based paint hazards; (ii) provide Buyer with copies of reports or studies covering
lead-based paint and hazards on the Property; (iii) provide Buyer wilh the pamphlet "Protect Your Family
From Lead In Your Home"; and (iv) give Buyer a 10-day opportunity to inspect for lead-based painl and
hazards, if the Property contains residential dvi/elling units and was constructed prior to 1978.
6. Carbon Monoxide Devices: The sale is nol exempt from the State requirements thai on or before July 1,
2011, for all.existing single family dwelling units, and on or before January 1, 2013, for all other existing
dwelling units, the owner must install a carbon monoxide device approved and listed by the Stale Fire
Marshall in the dwelling unil if the dwelling unit has a fossil fuel burning healer or appliance, fireplace, or an
attached garage.
7. Tax Withholding:
The sale is not exempt from providing infonnation pertaining to the withholding
obligation under either the federal "FIRPTA" or the California withholding requirements upon the sale of
real property. However, an REO Seller which is a corporation or limited liability company, formed wilhin the
United States, and qualified either with the Secretary of State to do business in (California or with a
permanent place of business in California, wiii be exempt from withholding under both federal and
California law.
^
Buyer's Initials ( J L _ 1 _ _ )(
Seller's IniUals (
)(
The copyright laws of the United Stales (Title 17 U.S. Code) forbid the
unauthorued reproduction of ttiis form, or any portion thereof, by photocopy
machine or any other means, including facsimile or computerized formats.
Copyright 2008-2011, CALIFORNIA ASSOCIATION OF REALTORS.
INC. ALL RIGHTS RESERVED.
I Reviewed by
Date
1=1
Fax: 916.580.6186
. .
T/43 T e r r a c i n a Dr
Property Address:
E l Dorado H i l l s , CA 95762
Date; f e b r u a r v J I , 2014
8, Megan,s Law Database Disclosure: The sale is noi exempt from the requirement lhat residential sales
contracts contain the following notice regarding the availability of infonnation aboul registered sex offenders.
"Notice; Pursuani to Section 290.46 of the Penal Code, information aboul specified registered sex offenders
is made available lo the public via an Internet Web site maintained by the Department of Justice at
wvifw.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the
address at which the offenider 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 informalion,
Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency
period. Brokers do not have expertise in this area.)
9, Brokers:
A. inspection: The sale is not exempt from the Broker's obligation to conduct a reasonably competent and
diligent visual inspection of the accessible areas of the Property and disclose to Buyer material facts
revealed by such an inspection in the sale of residential property containing one-to-four dwelling units.
Brokers may do so on CA.R. Form AVID.
B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and
confirmation fonns in the sale of residential property containing one-to-four dwelling units,
OTHER CONSIDERATIONS:
1, Selection of Title and Escrow: Calfomia Civil Code section 1103.22 prohibits Seller from requiring, directly
or indirectly, a Buyer to purchase titie insurance or escrow services from a particular title insurer or escrow
agenl in connection with the sale of residential properly improved with four or fewer dwellings. The Buyer
may agree to use the title or escrow provider recommended by Seller if the Buyer has been informed of the
right to make an independent selection ofthe applicable service. This law is in effect until January 1, 2015.
Federal law, 12 U.S.C. Section 2608, prohibits Seller from requiring, directly or indirectly, that the Buyer
purchase title insurance from any particular title company as a condilion of selling residential property
improved with four or fewer dwellings if the purchase will be made with a federally-related mortgage loan.
Seller and Buyer understand that Brokers do not require Buyer to purchase title or escrow services from any
particular provider. Any communications from Seller that Broker may deliver to Buyer or Buyer's agent
concerning the selection of title or escrow services should not be construed as Broker's endorsement or
recommendation of, or request for Buyer to use, any particular title or escrow provider,
2, Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low
flow toilets or shower heads, emergency gas shut-off valves or installation of smoke detectors). Local law
should be consulted to determine If sales of Lender-owned property are exempt from such requirements.
3, Amendnnents to Contract: Seller-prepared addenda, amendments, or counter-offers or a Seller-prepared
contract, may conflict with, contradict or he inconsistent with terms in Buyer's offer. Brokers cannot advise
Buyer or Seller: (I) which specific terms in any offer may be affected; (ii) whether the terms in any such
Seller-prepared documents are pennissible under California Law; or (iii) in the evenl of a discrepancy
between the Seller-prepared documents and any other Agreement between Buyer and Seller, which
document or which terms may supersede the other. Buyer is advised to seek legal counsel to discuss the
applicability and interpretation of any Seiler-prepared documents prior to signing any such documents.
4, Rental Property: tf tne Property was occujiied by a tenant at the time the jender acquired the Property and
the tenant had a bona fide arm's length rental agreement at a fair market rate, the tenant may be entitled to
the balance of their lease term, or at least a 90-day notice for termination of a month-to-month tenancy. In
addition, certain rent control jurisdictions have asserted that the tenant has rights under rent control after a
foreclosure. Moreover, the tenant may be entitled to the retum of their security deposit even if the security
deposit was not given to the lender after the foreclosure sale or to the buyer of the REO Property.
By signing below, the undersigned acknowledge that each has read, understands and has received a
copy of this REO Advispryi.,
Buyer_X
^i:J.M^^J.
Sr.-f''"
Date Februarv
11,
2014
MyECheck, Inc.,
Buyer
Date
Seller
Date
-
Seller
" t l ;':,::o;-:
<\
^
;iii:i;;ijV'^ ^
^^^^
-'I
EXHIBIT K
PaRc I of 12
Detail
No
""sGsaodb"
"3/14/2"6T4"
S20,000
Cashier check
sVoo" _7. .1
No
YES In 5 days from
ExDCuted Contract
YES in 17 days from
Executed Contract
No~" J
'
Detal
$207! 500
$422, 500"^
No""
No
siT""
$0_'
so
$500
OS
Yes
Executed contract
and pfeKm
Conventional
THIS ADDENDUM TO REAL ESTATE PURCHASE CONTRACT ("Addendum") is made a pari of, and incorporated
into, that certain Real Estate Purchase Contract dated the [Refer to Date] ("Contract") between Seller and Purchaser wilh
regard to the Property (as such lerms are defined below). This Addendum and the Contract are sometimes herein referred to
collectively as (he "Agreement,"
"Seller" Name:
.https;//\vww,clisposoiutioni;.cotTi/docpgs/db_Addendiim_A.aspx','d=742052&l=4()26297
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Page 2 of 12
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"Purchaser" Name:
[Refer to Buyer(s)]
"Property" address:
[Refer to Street A d d r e s s l
Closing Date:
Purchase Price:
Lead Painl Disclosure:
see pg1
see pg1
see p g l
see p g l
Does the Properly include a residential dwelling built prior to 1978? Check One (
) Yes;
(XXX) No, It yes, the parties must complete the attached Disclosure Of InforiTialion On Lead-Based Paint and/or Lead-Based
Painl Hazards,
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged. Seller and '
Purchaser agree: as follows:
1,
Nof Binding Until Accepted By Seller. Notwithstanding any verbal acknowledgment by Seller or any agent of Seller,
Purchaser acknowledges and agrees thai Ihe Agreement is not binding on Seller unless and until approved by Seller's
management and this Addendum is executed by all paities. The dale of execution by Seller of Ihis Addendum shall be referred
lo herein as the "Seller Acceptance Date." Notwithstanding Seller's acceptance. Purchaser acknowledges and agrees thai the
Properly is subject lo prior sale or withdrawal from the market by Seller al any time, without noiice, and Seller reserves the right
to consider and rejecl any and all offers received for Ihe Property including Purchaser's offer.
2.
Purchase Price, The purchase price for Ihe Properly shall be paid lo Seller immediately availatile funds (cashier's
check, certified check or wire transfer) at the Closing (defined below).
3,
Earnest Money. Immediately following Seller's acceptance oJ the Agreement, escrow will bo opened by both parlies
with an escrow agent'desigiiated by Seller or binerwise acceplable to Seller. Purchasor shall deposit w i t h Seller s escro w
agent on earnest money deposit refer to Initial Earnest IWonoy eq.ual to t h e greater of 3% o f t h e Purchase Price o r
ST,OOO.pp [Refer to EarnestWIoney) w i t h i n 24 h o u rs of Scllcr,s written acceptance of the AgretKnent.
4.
(a)
Subject lo Seller's rigtit lo extend the Closing Date (defined below), the parlies agree that time is of the
essence with respect lo all dates specified herein, and Purchaser's performance under the Agreement and any addenda, liders
or amendments thereto,
(b)
, I hc closjng of llio purchase and sale of the Projierty ("Closing"),shall be held iri thc offices of Seller's, attorney
or agent. orat;a,place designated and apjjfoved by Seller, unless o l h w v i s e required by ajjplicablelav/. The date oflhe.Closinq
[Refer tp'Closiii g Date] slui I take place oiT-or before (he dale sol forth lofer lo Closing D.7!e, or vvilhiri,five.(5):days,,of final loan
Doprovafby Purchaser s lender: whichever.is earlier, ijnlessThe Gla:;ing.Da!e is;cxleni;Jed in a wiiting signedpy Sellerantl,
Purchoser pursuant to.Section 4(ii) or blhenwise extended by Seller under Ibe terms of Seclion: 19 oTIhis Addendum.'ll lhe ,
Closing does nbl octiur.by tITo Closing,D.ite, or in any v/rittan extensionMhe Agreement .shall aulomalically terminate and Seller
shall, retain any EarnoslMoney as liguidated clainciges.
(c)
. In Iho ovonI Purdiasei reguests an exlension of the Closing Date (whicli request shajl be made in writing) and
ler aijrees
Ihe Seller
aijreestto the .extension. PCirchascr stiall pay to Seller a per diem:extpiision',fee ("Extension Pea") in th^. amounl of
y^e|cr to Pry
Pe- DiejTiJ foCeaCb calendnr day ihrpugti aixl including llie .Ctosirici.Date spct:aned in ttie v,friUen (bxlension ,
lenl. Thp iirxfension tree'Shall bs deposileS in immediately available fi,jnds (cashier s check, certified qhsck or vifire
i l r i r ^ l e r f wi'thi SelTei'or ofl^
r^'quesl lo'exlehd'Iha Closing'Dale.. F'urctiasier
acknowledges.and agroes lhat Seller v,/ill incur,carrying costs relaletl lo aiiy;extBnsion'Ol the'Closing Dale and accordingly that
Ihe Ex(eiistori Pce~shall n o t be credited to Buyer . i r C l o s i n g and shall be in addition to:the Purchase Price. Tho
Exlension Fee shall te nonrefundable 16 purchaser except in fivj event Seller lerrninates Ihe Agreemaht pursuant to Section 19.
5.
Financing Contingency. Purchaser's obligation to purchase the Pioperty under the AgreemenI; IS tJtXSCMO^X
contingent refer to Mortgage Contingency on Purchaser obtaining financing for Ihe purcha.se ofthe Properly.
(a) .
If Purchaser's oWidalioil.to purchase the Property is contiiTqent on financing. Purchaser shall apply for and
dilioefilly piifsi/e thereallora Idan atpievailihg rates, terrns.and conditions, Puichaser shalj compleleand submll to a moflgage
rentier aivappricaliqnTor a mOttgagD loan piior lo trie Sellers Acceptance of Ihe offer. Purchaser shall use diligent efforts to
obtain a mbilgage loan.commitmenl wilhin
refer lo Mortgage Contingency of Iho da(e of Seller Acceptance Date, If, despite Purchasef's diligent efiorts Purchaser
carinot oblain a jrioilgage loan cbfnmTlment vjithin tho specilied period, Iheri eilher Purchaser or Seller may terminate the
Agieemeht by giviiig vjiitlen notice to Ihe other fjarty. In the evenl of a pioper and timely termination of the AgreemenI under
^tlifs Sechon 5(i3). the Earriest'Mohey shall be rQUirnftd to Purchasoi and Ihe parlies shall have no further obligation to each
other under the Agreerrient.
(b)
Purchase; shall ensure that the lender selocled by Puidhaser lo.rioance the sale sli6ll provide appliciilile'
funding to lhe,sellle/tiehl ^igent selected by Seller on qr before llie data of settlement. Purchaser shall.further ensure thai (he
selected leixler shall provide ail.lciiders prepared closing docunieniatioii to the setllcmeni agont noiater than'40 hours fxior to
sellleinenl. Purchaser ocknowlortgn.s and agrees tharPi;ich,-)ser shall lia in delaull uridei Section 20 ol ihis Addendiirn if
" '
a?
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Purchaser's lender fails to fund and/or pjovide closinq docurnenlalion as lequired by l.his Section 5(b) and that any extensions
lo Closing shall be subject lo the piovistons of Section 4(c) of this Addendum.
6.
Inspection.
. I'll
On or beloie [Refer to Insnection Contingency Dale] of the Seller Acceptance Dale, Purchaser shall
inspect Ihe Properly or obtain for Its ov;ii use. Densfil and roliailce, inspections and/or ropons on the condition ol the Property
otherwise. Purchaser
Purchaser shall
shall be deemed
deemed io
to have waived
waived such ihspectir
1- " - - PiopcMy and
otherwise.
inspection and' any objeclions lo
the condition
ofthe
to
have pccejited
occepted Ihc cpridjlioivof
condilion of the Pop_9r!y_fo.r
Properly for all purposes,
purposes. Purchaser
shall keep Ihe Property free and clear of liens and
tojiave
Piir9i
indemnify and hold Seller harmless from all liability, claims, doniands. dainagos, antl cosis, incluaing attorney and paralegal
fees, rialated to Purchaser's inspeclipn. Purchaser shall prompily repair r"
arising from^r M u s e- d' by^he inspection.'s.
ali damages
government building or
ispection is required by
; by any government building
(c)
If Seller has winleriiied Ihe Property and Purchaser desires to have Ihe Properly inspected, the listing agent
will have the Property de-win(eri2ed prior |o inspection and re-winterized after inspeclion. Purchaser agrees to pay the expense
of the foregoing de-wintenzation aiio le^winlerization in advance to the lisling agenl, All-amounts.paid 'under this provision shall
be nonrefLindaDle,
(d)
, Wiihin three (3) calendai days of receipl of any inspeclion report prepared by or for Purcliaser.,bul notlaler
than (Ihe.expiraiion ofthe Inspection Conlingancy Date refer lo Inspeciibn Conliiigency.whichevijrnrst occurs, Purchaser will
provide written notice to Seller of any disapproved items. PuTchascr'o.failiiio to provide wntlen notice sliall be deismed as
acceplancin of the conditiori of the Pronerly, Upqn luquesl by Seller, Pui'chaser shall Drovide lo Seller, al nO cost, completi3
copies of all inspeclion,reports upon whicn Purchasei^'s disapproval of the condilion pf Iho Properly is based; In iiy event shall
Seller be obligated lo ipaKe.nnv repairs or r eplacements whatsoever that may be indicated in Purchaser's-inspeclion
reports. Sell(3r may, in its.sole diaciction, mafce such repairs lo the Pioperty under the terms"described in Section 8 of this
Aoderidum. If Seller elects nol to repair Ihe Property, Purctinser may cnncel the AgroomGnt not lalei" Ihan Ihree (.'))cale(Kter
days froin Ihe Sellers notificalion'of election nof to repair the properly and lhe Earnest Moiiey, shall be relurned io Purchaser, If
Seller elects to rnake any. such repairs lo Ihe Properly, Seller; shall tiolily Purchasei'.afler. comblelipii qf the.repairs and
purchaser shall have;lhicc (3) calendar days from Ihe date of notice.lo inspect Ihe repairs antl notify Seller of any disapproved
items: Purchaser's failure lo clisfippi-ove in writing such repairs shall be doeinod as Fhirchaser's acceptance Iheieof.
(e)
Iti siltialidns that are applicable, a slructural, electrical, mechanical or termite inspection report may have
been prepared lor the.bienerit of Seller. Upon requesi, Purchaser will be allowed lo review the report to obtain the same
infonnalion and luiowledge Seller has aboulThe condition of the Property but Purchaser acknowledges thai the inspection
reports were prepareiil for tlie sole use and benefil of
Seller. Purchaser shall nol rely upbn any such inspection reports obtained by Seller in making a decision to purchase
the Property,
.(f)
If the Property is a condominium or planned unii development or cooperative;,unless otharwise reciuired by
lav/, Purthaser. al Purchasei''S owii expense, is'responsiblo fbr.obtaining and reviewing thp covenants, concliliqns and . ^
resfitcttons anrf bylaws 01 the condoniihium,-(he platined unit developmenlor the cooperative. wiThin'3even (7Vdays of the Seller
.Acceptance Dale. Seller agrees to use reasonable'etforts, as dfitermined in Sellor's sole discretion, to assist Purchaser in
obtaining a copy pf ihe covenants, conditions and reslriclions and bylavifs. Purchasor will fjg deemed lo have accepted Ihe
covenanls, condilioris arid reslriclions and bylaws if Purchaser do?s not notify.Seller ih writing, wilhin ten (.10) days ofthe Seller
AcceplancerDale, of Purchaser s objccliori lp the covenants,' conditions and lestriclions and/or bylaws: '
(q) ,
This Section 6(q) shall govern and apply if the Property includes a residential dvvelling built prior to 1978, The
" parties agree to execute and deliver the attached DISCLOSURE OF^lNf^ORMATION ON LEAD-BASED PAINT AND/OR LEADBASFD PAINT HAZARDS. Unless Purchaser has waived the right lo conduct an inspection, the following shall apply;
OPPORTUNITY TO CONDUCT A LEAD PAINT RISK ASSESSMENT OR INSPECTION:
Punihaser's obligation to purchase the Pioperty is coiiditioned'upon Purchaser's ap(ir6'i>gl:pFa risk assessrnenl or'inspection of
the Property for ttio presence of (ead-basetf painl and/or lead-based oaint hazards; Ihainsk assessment or inspcctioii (Risk
AssessitienI") of the Properly, shall be paid for, by Purchaser and shall rje'cohdiicted by individuals or entities of F'urchaser.s
choice. Sellei^ shall cooperate in making the property available! for ,the Risk Assessment..
The deadline for Purchaser to coinplete and review the Risk Assessmeni ("Risk Assessment Deadline") shall be
Ten calendar days after Seller Acceptance Date
Ifthe results of the Risk Assessmeni are nol accefjlabtelo Purchaser, Purchnser inay.eilher (a) provide written objections to
Seller as provided In Section G of this Addetidurn; or(D) Immediately cancel Ihe Agreement by pr^oviding written notice of
cancellation to Sellisrbyihe Risk Assessmeht Deadline; together with a c o i jy ofth e Risk Assessment report. Upon receipt of a
copy of Purchaser's wnlten notice of.cancellEilioii, the,l;arii"est Money shall I5e re.lunied lo Purchaser,
If Purchaser does not Immediately cancel llYe Agreemenl as provided' above,. Purchaser may, by tlie.Risk Assessment Deadline,
If Purchaser and Seller li.-ivcs not agreed tii.wiiting upon the manner of resolving Purchaser's objections'. Purchaser may cancel
the Agreement by providing whllBrt, noiice lo Sellar no later than three (3) caleiTcferdays.atler expiration of the Response
Period, Upon receipt o f a copy of Purchaser's'written noiice of cancellation, the Earrres! Mdi7ey Shall be returned to Purchaser.
If Puichaser does not deliver a written objection to Seller regarding Ihe results of the Risk Assessment, or cancel the
AgreemenI, any objections to the resLills of (he Risk Assessment snail be deemed waived by Purchaser and Purchaser shall
ta'ke the Pioperty "AS-iS" with regard to any lead-based painl or lead-based paint hazards that may be presenl in the Properly.
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^ROPERW'ffl^JtW.gmtfO^
DOMAIN OR SIMILAR PROCESS AND SELLER CONSEQUENTLY HAS NO D I R E G t KNOWLEDGE CONCERNING THE
CONDITION OF THE P R O P E R T V ^ A S A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER
UNDER THIS AGREEMENT AS-NEGOTIATED AND AGREED T O BY PURCHASER AND SELLER, PURCJ-IASER
ACKNOWLEDGES AND AGREES T O ACCEPT THIE PROPERTY IN -AS-IS,: "WHERE-IS" C G N D j t l O N AT THE TIME OF
SUCH DEFECTS OR CONDI riONS WERE DLSCOVERABLE T H R Q D G H INSPECTION OR NCJT. PURCHASER
ACKNOWLEDGES THAT SELLER; ITS AGENTS AND REPRESENTATIVES HAVE NOT MADE,/\ND:SELLER
SPECIFICALLY NEGATES.AND DfSCLAIMS ANY R E R R E S E N T A T I Q N S , W A R R A N T I E S ^ P R C W L S E S, C O V L N A N T S ,
AGREEMENl:S OR GUARANTIES. IfVlPl.lED OR EXPRESS, ORAL OR WRITTEN W RESPECT TO:
la)
ellers'empfoyees, officers, ,clfreclors, coiilraclors, or aganls concerning (he past or present oJtistence of. Mold in or around the
Properly:
In Ihe event llie Properly s affected by an.enyjroniTientai hazard: as, determined by Seller, either party rnay.
r decides lo sell Ihe Property to Purd.iase.r and Purchaser agreesjo purch.ase .the
(f)
In the event Seller has leceivetJ official r\6lice:lhal;lhe,Property is-in violation of building codes oi similnr laws
or regulations. Seller may teritiiriale ihs.Aqreement on UelaV the Closing Dale gr Purchaser may terminate Ihe Agreement' In the
ovenLlfiO Agreeinetil is Isrminated by eilhei Purdiasei^ or Seller iiursuant to this Section 7(f3.,^hy Earnest Money shall ba
returned to Purchasef. If.ihere is'ari enforcemeni jji^oceeding ansing:from allegationsttfisucfvviolations before an enforcernem.
board, special master, courl or similar enforiiemeril body, and neither PurchasernorSeller lerrnirialeme Aflreement, Purchaser
agrees (a) lo-accept the Proi^erly.^ubject lo ihe viotatiOns; (b) to be .responsible for compliance with Ihe applicable code o r .
irequlalioiiand w,iith:ordcr5:iEsued in aiiy cocle enfoicerrienl pro<:eedino. and (c) to resblvq lne;deljciencies as soon as possible
Vafler the Crosing: Purcriascr agrees lo txecule any and all dociimenls.necessaryor required for Closing by any agency with
iurisdiction.ovef Ihe Property. Purchaser further agrees to indijinnify Seller from any flhri all claims or liability arising from
Purchaser's broach ol this Seclion'7(f),
(g)
The Closing shciil consiilule acknowledqhieht by Pbrchaser thai Rlirchaser'had ihe opportunity to retain an
independent, qualified professionalTo inspect the f-'rdperly and that the'Cbndilion oriheiPrbperly is acceplable lo
Purchaser, Purchaser agrees lhat Seller shall .havo no liability for any .clairns orTosses Purchaser or Purchaser s successors or
assigns may incur as a resull of con'slruction or other defects vvhicinnay'now orheroaftef exist with respecl lo the Properly.
(hj
Purchaser acknowledges and agrees thai neilhei Seller nor Seller's agents have made nor will make any oral
or written representation or warranty regarding the accuracy of the address of the Properly.
, .,(i)
Purchaser acknov/ledges and agrees that the Property was acquirijd lliroiigh foreclosui'c. deed in lieu of
foreclosure', forfeiture, lax sale, eminoni domain or similnr jiro.cess, Accbfdirjqiy. to'llie fullMLextenl allwffid by .law: Seller shall
be exempt froin,providing or filing any disclosure staiemenl wilh respact to the Properly and Purchaser acknowleclges and
agrees lo assume any disclosure obligations Ol Seller. Pui'iihaseT shall execute and deliver to Seller al orjjjrior to,Closing such
lurttier iJocumerils as Selleror its repres'
may requesi
' with respecl to "
- J - i . . ^ - ^are
- required K,.
^t^t
senlatives
tha foregoing. <f
If disclosures
by state
stjct) riKi^uirenierils.
If reciuired by'state law/. Purchaser shall; upon request, execute a
law. Purchaser hereby agrue's to Waive such
riKiuirem
;writl.en,.waiver of,the discTdsura provisions of stale lavii
8,
Repairs. Unless otherwise provided in Seclion 28 of this Addendum, Seller shall have no obligation lo pay for or
perform any inspections or repairs to the Properly whatsoever. In Ihe event Seller agrees to pay for or parfoiiii any iiispectioiis
or repairs, this Section 8 shall govern such inspections or repairs.
(al
ll'Seller has agreed lo pay for treatmfenl of wood iitfeslitig organisijis, Seller shall treat only active,^ . . .
infestation.,All treatments for wood infesting organisms and other repairs:wilrbe completed by^a vendor approved by Seller, and
will.be siibieclTo Sbller's salislaclion only. r^Jeiltiisr Piirchaser lior its represenlatives'shalrenfer upon Ihe Pioperty to make any
repiiii-s and^or (realrrierils prior lo the Closing wiliioiH ihc piibr ivrillcii consent Of Seller: To Ifie exlfsn! lhal Purchaser or its
re(3r(33erilativGS;make repairs ^irid/diireatmerits to the Properly prior to ttie Closing, Ptjrchasef hereby, iagrecs to release and
,indemnify Sellijr fromaiid against ariy and all clairris rtJialed in.any w a y i o the repairs and/or treatment s a n d further agrciss lo
execute" a release and indeiiinilication arid provide ptOof ol liabilily Insurance naming Seller-iis'a loss payee, both in 3 loiiiT
acceptabla to Seller, prior to entry on Ihe Pioisei.iy and conimencemenl of any suchTepairs or IreatmenlS:
3,5
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Purchaser acknowledges tlial all repairs and lieatmHnts are done for the benefil of Seller and not for the benefit of
f^urc
jrchaser and lhal Purr^ha.ser has inSfMCled or iias been giveti Ihe opjjoiluhity lo inspect such repairs and treatments. Any
repairs or Ireaiments made or caused lo be iriade by Seller shall be completed prior to the Closing. Under no circumstances
shall Seller be required lo mnkc niiy repairs or trealinenls alter the Closing Date.
(c)
Purchaser acknowledges thrsl Ihe Closing of Ihis liansaclion shall be deemed Purchasei's reaffirmation lhal
Piiichasi;r is salis/ied wilh Ihe condilion of the Properly for all purposos and satisfind with all repairs and Irealmorils lo the
Property and waives alLclainis related lo such copdilion and to the quality of the repairs or treatments lo Ihe Property. Any
repairs or Ireaiments shall be perfoi'ined foi functional purposes onw and exact restoration of appearance or cosmetic items
follov^ring any repairs Or Irealmenis shall no) bo required, Sfiller .shall nol be obligated.lo obtain or provide lo Purchaser any ,
receipts lor repairs or treatmsiils, wnlten slalemenls indicating dates or tyr.cn or repairs or Ireaiments peiformsd or copies of
such receipts or stalarnonls, nor any other clocijmehtalion refiardinq_any reoairs and Ireaiments lo the Properly. SELLER DOES
NOT WARRANT QR GUARA/^Ef: ANY WORK. REPAIRS OR TfJEATMENTS TO THE PROPERTY WI-WTSOEVER,
9.
(a)
Purchaser acknowledges that neither Seller nor Us lopresonlalives, agents or assigns have made any
warranties or reproseiilalions. implied or expressed relating to the existence of any tenants or occiipanls at the Propeity,
unless olhenwiso noted in Section 28 of this Addendum. Purchaser acknowledges and agnses lhal ifio Closing oflhis
transaction sliall be deemed Purchaser's reaffiriTialion lhat neither Seller nor its representatives, agenis or assigns have made
any warranlies or representations, implied or expressed, relatinq lo Ihe existerjce of any tenants or.occupants at .the Propeity,
unfess otliorv/iso noted in Section 28 of this Addendum. Seller, Its representatives, agents and assigns shall not be responsible
for evicling or relocating any tenants or occupants or personal properly at Ihe Properly pnor to or subsequent lo the Closing
unless olherv/ise specifically agreed to in writing by Seller.
(b)
Purdiaser further acknowledges and agrees thai Seller is not, to the best of Purchaser's kiiowlcdge holding
nny security deposits from former or currenl tenants and has no inlormatlon as lo such securily deposils as may have been paid
by the former or current tenaiils to anyone, and Purohasei agrees thai no sums rcpresenling such tenant security deposils shall
bo transferred to Puichaser as part oflhis Iransaclion. Purcfiaser further agrees to assume all resporisinilily and liatjilily for tfie
refund of such security deposits to the Tenants pursuant lo theprovisions of applicable laws and regu aliens. All rent, dtro and
ayable and collcclwrirom tenants for Ihe monih in which tlie Cloising occurs, v/lll be prorated according to the provisions of
eclion 11 of this Addendum.
(c)
Purchaser acknowledges and agrees that the Properly may be subject to Iho piDVisions of Ideal renl control
ordinances and legulalions. Purchaser agrees that as of the Closing all eviction prcx^eedings and other duties and
responsibilities ofa property owner and landlord, including but nol limited to Ihoso proceedings required foi compliance with
such local rent control oidinances and regulations, shall be Purchaser's sols responsibility and cost
(d)
II t)ie Property Is fiocaled in Alabama, Purchaser understands lhal Ihe Property may t e subject to redemption
by the pnor owner upon payment ot certain,sunis and Purchaser rriay be dispossessed of the Proporty. Piirchaser is advised to
consult wilh an,aitorney'to fully understand the Imoon and iinpat:! of theforijgomg: Purchaser, ac^tnowledges, and agrees
Purchaser shall haveno recoilrse against Seller whatsoever in Ine event Ihe nghiof recemplion is:exei;cised.
10.
Personal Properly. Purchaser'acknowledgi3S and agrees that items of equipment fixtures, and other items of:
personal property,'^ inducling btJl not limited Id windbv/ coverings, appliances manufaciiired noiTiQS,;mbljile homes, vehicles,
.spas, antennas': satellite dishes and garage door openers, now or hereafter lo.cated.on the Property (collectively. 'Personal
f^operly Vsfiall nol be included'in tho sale of Itie Pioperty or the Purchase Price un ess each itenV of Personal Property is
specifically described and referenced ih Seclion 28 of lliis Addendum. Any Personal Properly at or on Itio Property inay be
subject to claims by
third parties and, therefore, niay be removed (rqin the Propoity prior to or after the Closing CJate. Selle'r makes no represeniation
or warrnnlv as lo the cdndllioiv.of nhy Peison3l i?ronerly, lille Itiereto, or wli(fther any personal proiieily is enciimbered tiy any
liens. Purcnaser.assumes full rcsnonsilpiii y for any Personal PiopGrly remainliiq on1he Properly al tlw liine of the Gpsinu; ANY
PERSONAL PRORERTY SOLD BY SELLER SHAll BE ACCEf^TED BY PURCHA,SER O'N AN ''AS IS. WHERE IS'' BASIS
WITHOUT REPRESE^ITATION OR VWRIiANTY OF ANY Klj^D OR NATURE, ANlD SPECIFICALLY EXCLUDING ANY
WARRANTIES OF-MERGHAi^lTABILITY OR FI FNESS FPR ANY PART^
11.
,(a)
Purchaser and Salter agree In prorate Ifie following expenses as of Closing and ft/nding; iTiunicipal water and
sewor charges, utility charges, real eslalola.^es and assessments, coninibn ai^ea cliarges. condomlhiurn or planned unit
develdpitiohl or similar community assessmdnls. cooperative, fees, maintenance fees, and rerits, if any; In determining
prorftiions, responsibility for the day on which funding occurs sh.iill btvgllQcated'to'.Piirchaser. Payrneirl of 'sijeciglasiscssfneftl
iJistiict bonds and assessments, and payments of lio"meov,(tier s association of special assnssmenls shall be paid current and
prorated belweeii Puriili'aser and Sejfer as of the Closing Date wiili payinents hot yet due and owlng to:be assunied by
Purchaser'without credit toward tho f^rchasc Price: Property taxes Shall.be prorated based on an estimate or actual (axes from
tlie previous year on the Properly, All pforalions shall be based upon'a SO-day month and, except aSothorwise provjded herein,
all such jJtoialions shall be final. Seller sljall nol he responsible for any amounts due; paid or,to be paid after Closinq, indtiding,
but npt limited to, any taxes, jjennlljes or interest assessed or due as a resull ol retroactive, poslpone'd .or pdditionariia^tes
resullinq,from,any Change in use of, oi construction on, or improvenieni to the Property, or an odjuslment,in the appraised value
of Ihe Propeily; In the event Seller has'paid any lax'es. special assessmenls or olher lees and iherc is a refund of anv such
taxes, assessments or fees,after the Closing, and f^iiichaser as current owner of the Property receives the iDayriieni,;Purchaser
will iminedinlely submit Ihc refund lo Seller, If the Projierly is healed or has storage tanks (oi luel oil, liquefied petroleum gases
or sirhilar fuels. Purchaser will buy the fuel in Ihe lank at Closing at the current price as calculated by Ihe supplier.
(b)
Except as expressly assumed by Seller in .Section 28 of this Addendum, Purchaser shall bear its own costs
(including attorneys' fees) in connection wilh its negofiation, due diligence investigation arid conduct of the transaction
conlemplated by fhe Agreement,
(c)
Purchaser shall pay Uie cost of any survey. Recording fees, esqrpw fees and other customary closing costs
shall be allocated between Seller ano Purchaser in the nianner customary for residential real estate transacliotis in the
metropolitan area or cily in which the Property is located.
E.OLICY OF TITLE INSURANCE.ONL.Y
IF
, (d)
SELLER AGREES TO PAY THE PREMIUM FOR ANI OWNER'S (POLICY
INSURANCE.ON
THE OWNER'S P O O G Y IS ISSUED BV SELLER'S SELECTED TITLE AGEN'r N p W I mS'ljANDING
LOCAL CUSTOM^
CUSTOP
_
RG,OUIREMENTS Ok PRACTICE OR ANYTHING IN^-HE AGREEMErvfT TO tHE CONTRARY, IF PURCHASER
SELt
3 E | ^ ^TO
^ECTS A
T f l F AGENT TO ISSUE THE.OVVNER:S POLICY OF TIT LE INSURANCE. PURCHASER SHAfL BE OBLIGATED
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(e)
Seller shall pay a teal estate commission pursuant to Ihe lisling agreement between Seller and Seller's listing
broker.
(f)
All other costs and expenses, including any cost, expense or tax imposed by any stale or local entity not
Qthenwise addressed herein, shall be paid by Purchaser.
12.
Delivery of Funds. Regardless of local custom, requirements or practice, upon delivery o f t h e Deed by Seller to
Purchaser, Purchaser shall deliver all funds due Seller from the sale in the form of certified check, cashier's check, or wire
transfer.
13.
Goveriiriienlal Required Permils and FJepairs. Except as prohibited by law, if the Property is located in a jurisdiction
that requires a certificate 61 occupancy, smoke deteclor certification, septic certiticalioii or any similar cortificalion or permit or
any form of improvement or repair lo the Prop.eny>(colleclive(y "Permits and Repairs"), Pui'chaser acknowledges and agrees
that Purchaser shall bo responsible for obtaining any and all of the Permits and Repairs at Purchasers sole cost and
expense. Purchaser ,shall piake aiip icalion for all Permits and Repairs vvithin ten (10); days of the Seller AccoiJlance. ,
Dale. Puichaser shall not have the right to cfelay.the Closing due (o Purchasers failure or inabiliiy to onlam any required Permits
and f?epaiis, Unle.ss Seller dediniis.fo consent to a rGguired inspection or repair lo Ihc Property, Ihe failure of Purchaser lo
oblain and furnish' Ihe Permils and Repairs shall conslilule a mateiial b i e a d i of Uie AgreemenL Nolwithstanding the foregoing,
neither Purchasor nor its representatives shall enter upon the Property lo make any repairs or treatinenls.prior to the Closinq
wiihoul Ihe prior wrillon consent of Seller. To the exteni the Purchaser or lis representatives make repairs or treatments to the
Propeily prior to ihe Closing, Purchaser hereby agrees lo telease and indemnily Seller from and againslahy and all claims
related in any way to tbe.rcfiairs and/or IrrjalmcnIS and further agrees lo execuie a release and indeninificaiion and provide .
proof of liahifilY insurance naming Seller as a loss payee, both In a form acceptable lo Seller, prior lo entfV on the'Property and
cOmmencemehl of any such repairs or Ireotmehts. If Ihc Property is located in a jurisdiction that requires Permils and Repairs
and Seller declines to consent to a'r'c-quired inspeclion or repair to the Property, (he Agfeeiiienl shall terminate and the Earnest
Money shall bo refunded to Purcliaser,
14.
Deliveiy of Possession of Properly: Seller shall deliver possession of the Property lo Purchaser al the Closing and
funding ol Ihe sale. Pursuaiil to Seclion 9 of Iliis Addendum, the delivery of possession shall be siibjeijLto the righls of any
tcnanCs or parties in possession. If Purchaser alters the Pronertv orcauses.lhe Pippejiy to be altered iri'finy way aqd/or .
occupies Ine Properly or allows any other person to occupy IheProperty prior to Clbsing.and funding v,(ilhoulThe pnor wntlon
consent of Seller sucli event shall constitute a breSch by Purchaser under the Agroement and SelleT may terminate the
AgitjeiTient and Riircliaser'shallte liabliB to Seller (oi damanes.(includuig allotneys' (ees and costs);caused by any such
waives any and a I glaimis for darriages or
- ' lipiited to any c aims'for unjust '
Seller shal alsp have (tje r g h l Id
ser s del aul under tliis Section.
15.
Form of Deed. The deed Ib be.delivered al Closing shall,bo a deed lhal covenants lhat grantor grants only that title
which grantor may have and thai graritor will only defend lille againsi rsersOns dainvng by, through, or under the orantpr but not
otherwise (which deed niay.be known as a Special Warranty, Limited Wairanty; Qitil Claim or Bargain and Sale Deed), Any
reference fo the term "(jeod:- in Iho Agroemenl shall be construed to such forni of deed:
16.
Defects.in Title. If Purdiaser raises an objection to title to the Properly which, if valid, would nrake title lo lhe Propierty
uninsurable. Seller shall havij the right unilalerally lo terminate Itie Agreamenl by giving v.irillen:riotice of the temiination to .
Purchaser. If Seller chooses td cOrrectlhe problem lhrough reasonable efforts., as detennined by Seller in its sole and absolute
discretion; prior to the Closing Dale, including any written extensions, or (( tille insurance Is avai(able (rorri a' repijlab s tille
insurance ifompany sefecled DV Selleral regfilar tales cOmaining affirmative coverages for the title obieclions;.thenJhe
Agreement shall reinaiii in full roroE.and Purcliaser shiall perfomi pursuant to Ihe tornis set forth in.tlie Agroemont; Seller shall
not be'obligated to remove finy'excePiion or lo bnhn any action or proceeding or bear any expense in ijraer tO ,convey;lille..to the
Properly bi-to mako the litle marketable or insurable, and any alleinpt by Seller toireniove such title exceptions,shall riolimpose
ari' obligation upon Seljcr lo remove ItVose exceptions: Purchaser act^nowledges that Seller's title to the Property,may be'subject
lo coitrTapproval of a foreclosure or ig fl rnorlganbr's right of redefnoljon. In the event Seller is :not.abl(3 ta,(a) rfiake'uie title- ,
insurable o? correci any problems or (b) oblaili lme inSitrance from a tille insurance compariy selected by SIslferiiill as provided
herein, either party inay Icrniinale the Agreement and anv Earnest Money shall be retumed to Piirchaser and Sellershall have
no luftlier obligation or liability lo'Puichaser hereunder. Section 19(b) of this Arldendum,also provides that Seller may extend
Ihe Closing
Dale or terminate the Agreement if Seller determines, in Seller's sole and absolute discretion, that Seller is unable to convey
insurable title to the Property.
17.
Representations and Warranties. Purchaser hereby represents and warrants fo, and covenants and agrees with.
Seller ,is to the following rnalters'(all represenlations, warranlies and covenants are true on the date hereof and shall be true as
of the Closing).Wllh the understanding that Seller is relying on these representations, warranties and covenanls in effecting the
transactions conlemplated hereby:
(a)
Purchaser is purchasing the Property solely in reliance on its own investigation and inspection of the
Properly and not on any information, representation or warranty provided or to be provided by Sellor. Its servicers,
representatives, brokers, employees, agenis or assigns;
(b)
This Addonduni'shall he binding andenforceahle againsl Purchaser in accordance with its terms, and upon
Purchaser's execution of ihe additionardQidumerils coiitemplaled by this Addendum, they shall be binding;^and enforceable
againsi Purchaser in accordance wilh;lheir-lcrms. The execution arid delivery of this Addendum and Purchaser's performance
olthe obligations hereunder does riot requird'any consents'or approvals of any third persons;
(c)
This Addendum will not. with or withoul the giving o i notice or the lapse of time or both, violate or conflict with,
resull in a breach of, or constitute a default under, any agreement, contract, lease, license, inslrumenl, or other arrangement to
which Purchaser is a party, or by which Purchaser is bound;
(d)
Neither .'Jeller nor ils .servicers, empbyees, representalivcs brokers, agenis or assigns, have made any
represenlations or warranties, implied or expressed, relating to (he marketability, insurablily or condition of the Properly or the
contents thereof, except as expressly set forth in Section 28 of this Addendum;
(e)
Purchaser has not relied on any representation or warranty fiom Ihe Sellor regarding the marketability
insurability or condition of the Property or Ihe contents thereof, or the nature, quality, or workmanship'iaf any repairs made by
Seller; and
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(f)
Puichaser will not occupy or cause or permit others lo occupy, the Property piior lo Closing and funding and,
unless and until any necessary Certificate of Occupancy has been obtained from the appropriate governmental entity, will not
occupy or cause or permit others to occupy the Property after Closing.
18.
WAIVERS BY PURCHASER. AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER
UNDER THE AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER WAIVES
THE FOLLOWING;
(a)
ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE;
(b)
ANY RIGHT TO RECORD A LIS PENDENS AGAINST THE PROPERTY OR TO RECORD OR FILE THE
CONTFIACT, THIS ADDENDUM OR ANY MEMOfWNDUM THEREOF IN THE REAL PROPERTY RECORDS:
(c)
ANY RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE THAT, IF
INVOKED, WOULD PREVENT SELI^ER FROM CONVEYING THE PROPERTY TO A THIRD-PARTY PURCHASEI^;
(d)
ANY AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN
CALCULATING THE ADJUSTMENTS OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING;
le)
ANY AND ALL CLAIMS FOR FAILURE OF CONSIDERATION OR MISTAKE OF FACT AS SUCH CLAIMS
RELATETO THE PURCHASE OF THE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING UNDER THE
AGREEMENT;
m
ANY REMEDY OF ANY KINDJNCLUDING BUT NOT LIMITED TO RESCISSION OF THE AGREEMENT,
OTHER THAN AS EXPRESSLY PROVIDED IN Y H I S ADDENDUM, TO WHICH PURCHASER MIGI-IT OTl-IFRWISE BE
ENTITLED AT LAW OR iN EQUITY, WHETHER BASED ON MUTUAL MISTAKE OF FACT OR LAW OR O'nHERWISE;
(g)
ANY RIGHT TO TRIAL BY JURY, EXCEPT AS WAIVER THEREOF IS PROHIBITED BY LAW, IN ANY
LITIGATION ARISING FROM, OR CONNECTED WiTH OR RELATED TO THE AGREEMENT;
(hV
f^'IS?ilH^^i^^WcSIM(P^^^^^^
;PROPERT
(i)
ANYCLAIMFQR.LOS S OR DAMAGE, INCLUDING, WITHOUT LIMITATIONJNDIRECT,
LIMITATION J N D I R E e T , SPei3IAL
SPECIAL OR
EQUENTIAL LOSS QR DAMAGf^
ARISING FROM^BASED UPON^DUE TO QR.6THER^A/ISE R E L A T t D TO
, ^
CONSEQUENTIAL
F
lONMENTAL
C
O
N
D
m
O
N
S
AFFeCTING
TFIE
PROfSERTY,
INCLUtHt^G
BUT
NOT
LIMITED
TO
MOL<ff.LEAD PAINT,
ENVIRONMENTAL CONOrnOI _.
OIL, ALLERGENS
ALLERGENS.OR
SUBSTANCES'OF ANY KIND:
FUEL OIL,
OR OTHER'TQXIC
OTHER'
(j)
ANY RIGHT J O AVOID THIS SALE OR REDUCETHE PRICE O R HOLD SELLER RESPONSIBLE-FOR
GES rON ACCOUNT
DAMAGES
GF-THE MARlSETABILITYi,INSURABILITY OR GONOITION GF TI-IE PRpPERTY,.;HABITABILITY,
coNSE^^ENTA
i nm^ &^^k8e^A8[iim%:"u'^gmmMi^i'ifii^'B'^b
ENCROACHMENTS, EASEMENTS ^SHORTAGES IN AREA OR ANY OTHER MA'ITER WHICH WOULD BE DISCLOSED OR
REVEALED BY A S O R V E Y OR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS; AND
(j!
ANY CLAIM FOR Li
CONSEQUENTIAL l.OSS^OR DAMAi_
DISCREPANCY BETWEEN THE PROPERT,
^...^
.
. _
PROPERTY HAVING A N I N C O R R E G T J W O N I C I P A L ADDRESS; 0(^ EITHER SELLER S OK RURCHASER'S AGENT ,
CONTROL.
"
References to Ihe 'Seller'^ in'this Section 18 shall include Seller and Seller's servicGi'.i, representatives agents;:brokers,
employees and:assiqns'. In, llie event lhat the Purchaser breaches or disregards, or atlempts'to disavow'. any of the
represenlations. vvafranlies dr waivfifs deiscribed or contemplated under Section 17 or Section 18 of this Adaendum, lhe
Purchaser shall pay all reasonable altnrneys fees arid costs incurred by Ihe Seller in (i) seeking reaffirrhation or ehforcenient ol
any such represerilatign','.v/arfarily oi' yyaivei-, or (ii) defending any action initiated by the Pui'chaser for-the purp6se,6f '
or relating lo any such breach, disregard or disavowal, and Purchaser shall pay Five Thousand Dollars ($5,000.00) as liquidated
damages for such atlempled or actual breach, cjisregard or disavowal, vvhich amount shall be in addition lo any liquidated
damages held or covered by Ihc Selfer pursuant (o Section 25 of this Addendum.
IS.
Conditions to Seller's Performance. Seller shall have the unilateral right, at Seller's sole and absolute discretion, lo
extend Ihe Closing Oate or to terminate the AgreemenI if:
(a)
Full payment of any mortgage insurance claim related to the loan previously secured by the Property is nol
confirmed prior lo Ihe Closing Date or Ihe mortgage insurance company exercises its right to acquire litle to the Property;
(b)
Seller determines, in its sole and absolute discretion, lhat it is unable to convey insurable title to Ihe Property
through a title insurance company selected by Seller al regular rales;
(c)
Seller has either sold or has agreed lo sell the loan secured by the Property to another party;
(d)
Full payment of any property, fire or hazard insurance claim is not confirmed prior to Ihe Closing or the date
set forth herein for Closing:
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(e)
Any third party, whether tenant, homeowner's associalion or otherwise, exercises rights under a righl uf first
refusal, option or similar righl to purchase the Property;
(f)
Seller determines, in its sole and absolute discretion, lhat the sale of the Property to Purchaser or any related
transactions are in any way associated with illegal activity of any kind;
(g)
(h)
the Piifcliasar is the former mortgagor-of Ihe Property whose inleresl was foreclosed, or is related to or
affiliated In any way with the lomier mqilqagor, .^nrfPurchaser fias not disclosed this fact to Ihe.Seller prior to the Seller's
acceptance or the Aqieeinenl. Such failul^eto disclose shajl conslilule default under lhe:Agreemenl, ensilling the Seller to
exercise any of its righls and remedies, including, wilhouLlirnilalion, retaining Ihe earnest money deposit; or
(i)
The Purchase Price is insufficient to pay the s u m o f fhe c l o s i n g costs, taxes, c o m m i s s i o n s , a n d any
liens o n or obligations secured by the Property that Seller has agreed to pay hereunder.
In the event Seller elects lo tenninate Ihe Agreement as a result of any of the foregoing the Earnest Money shall be returned to
Purchaser and the parties shall have no further obligation under the Agreement except the rights and obfigations that survive
termination pursuant lo Section 26 of this Addendum.
20,
(ai
In the event of Purchaser's default, material breach or material misropreseiitalioh of any fact under the tei'ras
of the AgreemenI, Seller, at its-option, may retain the Earnest Money and,any other funds paid by Puichaser as liquidated
damages and/or invoke any oilier remedy expressly set forth in Ihe Agrijemenl and Seller is automalicnily released from the
obligaTion to sell [he Property lo Purchaser and neilrier Seller nor ils reDresenlalives, agents, attorneys,,successors or assigns
shall be liable to Purchaser lor anydarnagesof any kind,a3"a result of Seller s failure to sell and convey the
Properly, PURCHASER ACKNOWLEtiGES AND AGREES TIHAtBY SIGNING THIS ADDENDUM^SELLER SHALL HAVE ,
TFfE RIGHT TO RETAIN OR .SEEK THE RELEASE OF TOE feAf?NESTMOfvlEY UNDER THIS S E f i T f o N ^ O , WITHOUT ANY
FURfHER ACTION, CONSENT OR-DOCUMENT FROM PURCHASER.
(b)
Sellei shall only be in default under tlie Agreeinent i f Purchriserdelivers wfitlen noiice lo Seller delalliiig the
default and Seller fails lo curd such default wilhin 20 days oFreceipt'of 'Siich wrilteh noiice (or such .longer peiidd of time as may
be necessary, provideil lhat Seller diligently pursues sucticuVe). If Seller is in default hereilnder or if ScJIer lerminatcs.Ihe
Aqreeineiil as provided uiidei the proOisions ot thereof; Purchaser shall be enlilled lo llie return ol the Eai riesl Moriisy as.
Purchasers sole and exclusive reiviedy al law or in equity. Any reference to a relgrn or Ihe'fc.irncsl Money in the Agrfeement
shall mean a relurn of the Earnest Money less arry,escrow:caricellation fees'appliicable to Purchaser under the'Agi eementi and
less fees and costs payable for services and procflicts provided during:escrow ^t Purchaser's request,. Purchaser vvaives any
claimThattlie Property is unique and Purchaser acknovirledges lhat a reliirn of ils Earnest Money can adequalelyand laiily
compensate Purchaser. Upon return.of Ihe'Eamesl Money to Purchaser Ihe Agreement shall be terminated,.and Purchaser
;ani;| Hellersfiall have no'furlher.liability, rig fiJrther obliqatibn, and no furtherresponsibility'eadi to thc other; and Purchaser and
Seller shall be released fiom any furtl'iei' oblidalioi'i paCli lo the other in connection:wilh ffie AgreeinenL'excepl the lights and
obligations that survive:piirsuanf lo Seclion 26 of this A^^^
(c)
PLUcliaser agrees Ifial Seller shall not be liable to Purchaser for any special, consequential or punitive
damages whatsoever. whether in contract,'tort (.including negligence and strict liability) or any other legal or equilable principle,
including but nof liinited to any cost or expense mcurrea by Purchaser in selling or surrendenng a lease on a pnor residence,
obtaining other living
Accommodations, movino, storage or relocation expenses or any other such expense or cost arising from or relaled lo the
Agreeinent or a breach thereof.
(d)
Any consent by any party to, or waiver of, a breach by the olher, whether express or implied, shall nol
constitute consent to, waiver of or excuse for any different or subsequent breach.
(e)
In the event either party elects to exercise its remedies as descrilx3d in this Section 20 or the A<
terminated, the parties shall have no further obligation under the Agreeinent except Ihe rights and obligations lhat survive
termination pursuant to Section 26 of this Addendum.
21.
Indemnification. Purchaser agrees lo indemnify, and fullyprotecf. defend and holdSellof, its (Officers., idirectors,
employees, shareholders, servicers, represeiitatives; agenis, attorneys; tenants, brokers, successors and assigns,hannless
from and against any and all daims-costs, lieiis, loss;'da'itiages, attorneys' fees and expenses ot cvefy;kihd and.nalure tlial:
may be su^ained by or ma'do against Sieller; ils officers, direddrs, emplgyees. shareholders, servicers,,representatives, agents,
attorneys, tenants, brokers, .successois or asslghs, resiijling frorn pr.cirisin'g outpf:
(a)
Inspections or repairs made by Purchaser or ils agents, employees, contractors, successors or assigns;
(b)
the imposition of any fine or penalty imposed by any governmental entity resulting !rom Purchaser's failure
timely to obtain any permits, approvals, repairs or inspecfions, or to comply with all applicable laws, rules, ordinances and
regulations;
(c)
claims for amounts due and owing by Seller for taxes, homeowner's association dues or assessment, or any
other lemis prorated at Closing under Seclion 11 oi this Addendum;
(d)
The breach by Purdiaser of any of the terms and conditions of the Agreement; and
(e)
Purchaser's or Purchaser's tenants, agents or representative's use or occupancy of the Property prior to
Closing and funding.
22.
Risk of Loss. Regardless of IbiinI ciisloin of praclica. Purchaser assumes all risk of loss related to damage to the ,
Property. In the everit of fire, deslruclioii bi'other casualty loss tb:ihe Piopeily afler Seller's acceplarice:o( the Agreeinenl and
prior to Ulosino and funding, Seller m.ny. al its sole dtscretioh;'repair or restore the:Property, or Seller may teriniiiate the
AgreemenI If Seller elects to repair dr restore ihePfopeily, ttienSeller may. at its sole discrelion;.limit Ihe anidUnltb be .
expended. If Seller elects to repair or restore the Properly,-Purcliasci s ^ole ano exclusive rernedy shall be eilhei lo'acquire Ihe
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Properly in its then current condition al ttie Purchase Price with no reduction thereof by reason of such loss, or tenninate the
Agreement and receive a refund of any Earnest Money,
23.
Emiiiuiit Doiiiuin. In life evenl thai,Seller's inlerestnn the Propert)/, or any pari thereof, shall have been taken by
ernihcnl domain or shall be ih the ijrocess of being taken- on or before' Hie Closing Dale, either party may tenninate Ihe
Agieemcnl and Ihe Earnest Money shall be returned lo Purchaser and neither party shall have any further rights or liabilities
herounrfer except Ihe righls and obligations lhal survive lerminalion pursuant lo Section 26 of this Addendum.
24.
Keys. Purchaser understands lhat if S,eller is not in possession of keys,.including but nol limited lo mailbox keys,
recreation area keys; gate cards or auloinatic garage.dobi' remote conliols, llien Ihe cost dt obtaining the same will be Ihe
responsibility of Puidiaser. Purchaser also undersffinds lhal if Ihe Property includes an aliirm system. Sellei cannol provide fhe
access code or jsey, Purchaser shall be responsible (oi any costs .associated Mth the alarm, changinri i,lie jjccess code or
obtaining keys. Purchasor is encouraged to re-key the Property alter Closing. Purchaser agrees lo hold Seller harmless
regarding any theft or damage ol persorial properly.
"
\
25.
Liquidated Damages. THE PARTIES ACKNOWLEDGE T H A t iN THE EVENT GF ANY MATERIAL DEFAULT BY
PURCHASER UNDER THE^AGREEMEN'T, SELLER'S DAMAGES WOULD BE DIFFICULT OR IMPOSSIBLE TO COMPUTE
AND THAT THE
H t EEARNEST
ARNEST M
ONI!Y R
p f e S N T S A REASONABLE ESTIMATE OF SUCI+DAMAGES
MONEY
RJEPRESENTS
SUCH DAMAGES AS:ESTA(?L1SHED
AS:ESTADL1SHED
BY THE
"
_
. . PAR'n
'HES THROUGH GOOD R \ I'T l l C b N S | D E R A T I O N
THE FACTS AND CIRCUMSTANCES
SURROUNDING
THE TRANSACTION CONTEMPLATED UNDER THE AGREEMENT AS O F T H E DATE HEREOF. IN THE EVENT OF SUCH
THIS.INTENT T O E S T A B L I S H LIQUIDATED DAMAGES.
26.
Survival. Delivery ot the Deed to the Property to Purchaser by Sellcrshalfbe.deemed to be full performance and
disdiarno of all of Seller's dbligalions under the Aaieeiiienl. Notwilhijtandinq arivlhing to the contrary to the Agreement; ttio
provisions of .Sections 6, 7, 8, 3, 10, 11, 13, 14; IS, .17, 18, 20. 2 1 , 22.:25 and 27(a) (57 Ihis Addendum, a.i welFas any other
prbvision wliich conlerhplales performance or observance subsequeifl lo any temiinallon or expiration of the Agreernent, shall
survive tti'e Closing, funding and Ihe deliveiy df the Deed and/or lerminalion of Ihe Agreement by any patly and continue in full
force and 'eflcct.
27,
General Provisions.
(a)
Attorneys' Fees. If either party commences any fitigation or judicial action lo determine or enforce any o f t he
provisions of the Agreement, the prevailing party in any such litigation or judicial action is enfilled to recover allot its costs and
expenses (including but nol limited to reasonable allorneys fees, costs and expenditures) from the non-prevailing party.
(b)
Further Assurances. Purchaser agrees to execuie and deliver to Seller al Closing or as olherwisij requested
by Seller, documents referenced in this Addendum or requested by Seller, and lo lake such other aclion as may be reasonably
necessary to further the purpose of Ihe AgreemenL Copies of referenced documents are available from Seller's lisling agenl
upon request by Purchaser.
(c)
, Severability. If any provision of this Addendum .shall tie iheld to bo invalid or unenforceable by any court of
competent jurisrJiction or as a result ol any legislative actiiDn; s u d f hdldinQ or action sliall be strictly,construed. Furlnermofe,
provided Ihe parties are still able to;retain alI of the material benefils of Iheir bargain'hereunder, such provision shall be
construed., limited or, if necessary, severed, bul ohly lo llie extenl necessary,.to eliminate s u d i invalidity or unenforceability, and
the other'proyisions of this
. . . . . .
Addendum shall remain unaffected aod this Addendum shall be construed and enforced as if such provision in its
original form and content had never compnsed a part hereof.
(d)
Assign'menl of AgreemenL Purchaser shall not assign the Agreement without the express written consent of
Seller Seller may assign the Agreement at ils sole discrelion wiihoul prior notice to or consent of Purchaser.
le)
EFFECT OF ADDENbUM.-IN TrtE EVENT-TIIERE IS ANY;CGNFL1C.T-BETWEEN THIS /yjDENDU M AND
THE CONTRACT OR ESCROW INSTRUCTIONS (DRvNO'llCEiOR 0:i'HER boCUMElll'S'ATTAChlED TQ AND MADE A . ,
P A m ; a F THE AGREEMENT, THE TERMS OF 'fHIS ADDENDUM TAKEPRECEDEI^JCEAtJD SHALL PREVAIL EXGEPr AS
OTHERWISE PRO'VIDEQ BY LAW.THIS ADDENDUM AMENDS AND SUPPLEMENTSTHE CONTRACT AND ANY
ESCI^OW INSTRUCTIONS,
(f)
Authorily. The undersigned if executing this Addendum and the Contract on behalf of a Purchaser lhal is a
corporation, partnership, laisl or other entity.irepresents and whrrarils that he or she is authorized by that entity lo onler into this
Addendum and the Contract and bind the entity to p'erfoi^ni any duties and obligations stated in this Addendum and the Contract.
(g)
ftnlire AgreemenL The Agreement, including the dis''clo'sure of information on lead-b^sed ,paint oi lead-based
paint hazard or Seller Disclosure arid Release Addenduifl or other disi^jbsura.fdrriis or notices reciiiired by; law. coristitules the
entire agreeiiieht oolween Purchaser and ScHei; concerning the subject matter hereof and supersedes all previous
communiciations, understandings, representations, warranties- covenants and arireerriehls': whether vvrillon or oral and there-are
rio:oral:.or other written aoreenienls betvi/eeiV Purchaser and Seller.JMO ORAL F^OMISES, REPRESEN TATIONS'(EXPRESS
OR L M P L I I ^ l W A R R A t J f l E S OR AGREEMEN'ns MADE B Y , ' 3 E L L E R G R B R O K E R : O R ANY PERSON ACTING ON B L F A L F
OF-'SE
I L E n SHAL L BE^ DIJEMED
^.
DEEMEDVALto
VALfL OR B NliiN G UPON S M ^ ._,
,
.. ,,_
/AGREEMENT:: All nehOljations are merged,irito.the AgreemenI, Seller ?hall not be obligated by any olhaf^wnllen or verbal
slalemenls made by .Seller. Sellers rcpilsserilalives oi^any real esiale. licensee.
(h)
Modification. No pro'/ision. term of clause of the Agreement shall be revised, iriodified, amended or waived
except by an instrument in writing signed by Purchaser and Seller,
(i)
No Third-Party Beneficiaries, The AgreemenI does nol create any rights, claims or benefils inuring lo any
person or entity, other than Seller s successors or assigns, lhat is nol a parly lo the AgreemenI, nor does il create or establish
any third-party beneficiary io the Agreement,
(i)
Counterparts. This Addendum may be executed in any number of counterparts, and each such counterpart
shall be deemed lo be an original, bul all of which, v/hen taken together, shall constitute one agreement. This Addendum may
be delivered by facsimile.
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(ki
Headings. The lilies to the sections and headings of yanous paragraphs of this Addendum are placed [oi
convenience ol reference only and in case of conflict, the text of Ine Addendurn. ratrier than such titles or headings, shall
control,
(1)
No Partnership. The Agreement is nol intended to create and does not create a joint venture or partnership
beKveen Purchaser and Seller.
(m)
Gender Unless Ihe contexl olherv/ise requires, singular nouns and pronouns when used tierein shall be
deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed lo include the equivalent
pronoun of the other gender.
(n)
Force Majeure. Except as provided in Section 22, no party shall be responsible for delays or failure of
performance resulting from acts of God, riots, acts of war, epidemics, power failures.
acts of terrorism, earthquakes or other disasters, providing such delay or failure of performance could not have been prevented
by reasonable precautions and cannot reasonably be circumvented by siir:h party through use of alternate sources, workarounc
plans or other means.
(o)
Attorney Review. Purchaser acknowledges that Purchaser has had the opportunity lo consult wilh its legal
(jounsol leqaidinn Ihe Agreement; accordingly, ttie terms oTlhe Agreement are nol to be construed against any,parN because
thai party draftedlhe Aqreement or construed in favor of any Party because thai Party failed to understand the legal effect of th.
piovisions of tho Agroement.
(p)
Notices. Any notices required to be given under Ihe AgreemenI shall bo cleehied to have been delivered when
actually received in the case of hand or overnight delivery, or'fivo (5) days after mailing by fiisl class mail, postage paid or by
fax vAh confirmation of transmlssion lo the numbers below, All notices to Seller will be deemed sent or defivereo to Seller when
sent or delivered lo Sellor's lisling Ijrokef or agent or Sellers allornoy. at the address or lax nurhbcr shown below. All nofices lo
Purchaser shall be deemed sent or delivered when sent or deliverea lo Purchaser or Purchaser's aitorney or agofil al Ihc
riddress or fax number shown below.
(q)
Dispute Resolufion. Notwithstanding any provision of the Contract to the contrary, the parties acknowledge
and agree lhat any alternative dispute resolution, ineoiation and/or arbitration provisions contained in the Contract are expfessly
voided and are of no force or effect.
(r)
Facsimile or Electronic Signatures. Seller and Purchaser agree lhat a signaliire on this document thai is
electronically transmitted via facsimile or the internet is intended to have the same legal effect and shall be as enforceable
against the signer as an original signed counterpart where the signature is affixed manually.
28.
. 200
^
TTTTTTm-
MyECheck, Inc,
Telephone:
Facsimile:
Signature:
Print Name (or name if a c o m p a n y ):
Tille (if a c o m p a n y ):
Address:^
Telephone:
Facsiniile:
SELLER'S
ACCEPTANCE
Select Portfolio Servicing. Inc., a Delaware corporation
By':- .
Print f^nme:
lille:
Dale:
.
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2/|4/20l4
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Da^e:
'2/14/14
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DaHe:
'
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SellGi- s Disclosure
(a) Presence of lead-based pairjt and/or lead-based paint hazard? (check (Q or (ii) below);
' (i)
.
Known lead-bnsed paint and/or lead-based paint hazards are present in the housing
(aypiain).
(iiT3^'
beiier nas no Knowledge oi teaoroasea paint apoior leao-oaseo paint nazarcs in tne housing.
(b) Records ana leiMrts available to the seller (check (i) or In) below):
,
.'(I):
Seller has prpvided lr)e purchaser vwth all availablo records and reports pertaining lo lead based paint and/or leadbaseo; paTril hazards In, Ihe housing (lisf docurrtenls below).
nT7"^/ seller nas no louoits or lecoios pertaining lo leaclrbaseo paint anci/or tead^ased paint
h a z , - - . h Ihe housing.
P u r c h a s e r s AcknowlcdgiTicnt Oniti?!!)
,
. ,
,. , ^
(c) _^
\ _ Purchasor has received copies of a I nfoimafion lisled above.
(dl
Purchaser hps received the pamptilel P/ofecf Your Family front Lead in Your Home.
fe) Kurchaser has'(check 0) orfiO below);
(i);
received a 10-day opporjuriity (or mutually agreedLiipon;period) to conduct a risk assessment or inspecfion for the
presence o f lead-based paint and/or lead-based paint-hazards; or
(ui ' . .'wiiived lha:opporlunity to'conduct a risk assessment or inspection for the presence of lead-based paint and/or leadtiaSCdTJalnl hiizaird'j.
/VgenNLs Acknovjletlg^^
(iriilial)
( f r !II!E/
Aqertl has informed Ihe seller of the seller's obligations under 42 U.S.C. 4852(d) and is aware of his/her
respofisioiiiiy lo ensure compliance.'
I
Ceitilication of Accuracy
I ht! following pailios h.ive revift^ved ihe inforinniion abmo and cerlify. lo Ihe best of Iheir knowledge, lhat ihe inforniaiicn Ihey have provided is iruo and
accufalo.
SELLER:
Oalo:
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Page 12 of 12
ny.
P l i i l l .'Jnini.-
Viilc.
PURCHASEW:
Sign.ilurc
Piiiii Name:
Dal.:.
2/14/14
MIKE GOBBI
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VANTEX
M O R T G A G E
G R O U P
Dear Mr Starrs:
Thank you for the opportunity to work with you for your proposed new loan for the corporate
purchase of the property located at 1743 terracina Dr in Eldorado Hills, CA . Based on the
information provided in your application we are pleased to confirm a pre-approval for a new
Purchase Money loan in the amount of $429,000 representing a loan to value of 65.000 percent of
the property's expected value of $660,000.
J This pre approval is subject to confirmation of final down payment funds as you described,
our satisfactory appraisal of the subject property supporting the purchase price, and continuing
availability of the loan type selected. This is not a commitment to lend.
Feel free to have any lender, seller, seller's representative or any other party involved in this
transaction contact me directly for any questions or additional information regarding this pre
approval. As a private money lender, our primary criteria is less than or equal to 65.000% LTV and
the documented ability to service the loan. We look forward to completing this transaction on your
behalfi
Sincerely,
Waiter- Payne^
President
California Dept of Real Estate License # 01375991 - Walter Payne, NMLS # 245765
California Dept of Real Estate License # 01375992 - Vantex Mortgage Group, Inc, NMLS # 245853
EXHIBIT M
EXHIBIT A
AMENDMENT
to the
ARTICLES OF INCORPORATION
of
MyECheck, INC.
I'ursuant to the laws of the State of Wyoming, MyECheck, Inc, does hereby amend its Articles of
Incoiporation to read as follows:
ARTICLE I .
The name of this coqjoration is:
MyECheck, Inc.
ARTICLE n .
The total ouraber of shares this corporatioo is authorized to issue is 5,000,000,000 (five billion),
allocated as follows among these classes and series of stock:
Common Stock Class, par value $0.00001 per share - 4,900,000,000 shares
authorized;
Preferred Stock Class, Series A, par value $0.0001 per share - 10,000,000
shares authorized.
Preferred Stock Class, Series B. par value $0.0001 per share - 90,000,000
shares authorized.
Tlic participating rij-hts, rclittive rights,- optional or other spciiial righls, powers, dcsignalions,
.preferciiccs, i.ssuunce rulcs; limitatidhs, rcstriclioiis and quaiiCaitions for each of lliu ilircc classes
df stock, lus well as the aiithori/.ed amounts for each, shall be determined, where acti'vcly or
pas.sively allowed by state and/or federal law, by the bylaws,,as nmcridcd, as upprayed by a
majority of the duly-elected Directiors of this corporation.
ARTICLE i n .
The street address of this corporalion is:
6026 Ladero Way
El Dorado Hills, CA 95762.
ARTICLE r v .
The liability of any director to this coiporation or its shareholders for money damages for any
action taken, or any failure to take any acbon, as a director, is eliminated, except liability for:
(A) Tlie amount offlnancialbenefit received by a director to which he is not
entided;
(B) An intentional infliction uf barm on the corporation or shareholders;
(C) A violation to the laws of the State of'Wyoming ; or
(D) An intentional violation of criminal law; and
ARTICLE V.
Indemnification of any director for liaiiility (as defuied in the laws ofthe State of Wyoming ) to
any person for any action taken, or failure lo take any action, as a director, is obligatory, except
liability for;
(A) Receipt ofa financial benefit to which he is not entitled;
(B) An intentional infliction of harm on the corporation or its shareholders;
(C) A violation to the laws ofthe State of Wyoming ; or
(D) An intentional violation of criminal law.
ARTICLE VL
Pursuant to the laws of the State of Wypming, the Board of Directors has the complete authority
to make, amend, alter or repeal the Bylaws of the coiporation.
Executed this 29rd day of May, 2012, by the Chief Executive Officer and Chairman of the Board
of Directors of this corporation, MyECheck, Inc.
EXHIBIT N
EMPLOYMENT AGREEMENT
This Employment Agreement (this "Agreement") dated this 29thday of May, 2012 (the
"Effective Date"), by and between MyECheck, Inc, a Wyoming corporation with offices in
Califoraia (the 'Company"), and Edward R. Starrs, (the "Executive").
WITNESSETH:
WHEREAS, the Company is engaged in and seeks to expand its business in the electronic
payments industry and related industry segments, and the Executive has unique and significant
experience in managing and operating businesses and as a senior management executive that is
critical to the Company's operations and future prospects;
WHEREAS, the Company believes its progress and its prospects forfiitviredevelopment and
growth arc dependent on the Executive serving as the Company's Chief Executive Officer;
WHEREAS, the Board of Directors of the Company (the "Board") has authorized this Agreement
wilh the Executive and has approved its terms and conditions, all of which the Board has found to
be reasonable, proper, and in the best interest ofthe Company;
WHEREAS, the Company and the Executive desire fo ser forth the terms and condibons pursuant
to which the Executive will be employed to the Company; and
WHEREAS, the Executive is willing to be employed by the Company pursuant to the terms and
conditions set forth herein;
NOW THEREFORE, in consideration ofthe foregoing premises and ofthe mutual covenants and
undertakings contained herein, the parties to this agreement hereby agree as follows:
Article I
EMPLOYMENT DUTIES AND COMPENSATION
1.01 (a) Initial Terms of Employment nnil Duties. 'Hie Coinpany aiid the Executive hereby
agree that for a ten year (10) period beginning.on tlic Effeclive Date, the.Company sliall cmploy
the Director ("Director") and the Excciili vu sliall perform services for ihe Cbrnpany.dffsitc. TTie
lasl day oftiie 10 year period shall be the "Tcrminalioii Dale" for purposes of this AgTecmcnt.
Termination of this agreement can be made by the Executive without penalty upon 10 days
written notice,
(b) Heoewal of Tenn. Unless the Company shall have given the Executive written notice at least
180 days prior to the Termination Date, this Agreement shall renew and continue in effect for
additional one-year periods (and all provisions of this anniversary from such original Termination
Date shall thereafter be designated as the "Termination Date" for all purposes under this
Agreement, provided, however, that the Company may, at its election at any time after the
expiration ofthe initial term oflhis Agreement, give the Executive notice of Termination, in
which event the Executive shall continue lo receive, as severance pay, his base salary, if any, and
benefits set fortii in Paragraphs (d) and (f) below for 12 fiill months following such noiice of
termination. During such 12-month severance period, the Board may modify the Executive's
duties as described below. The Company agrees that it will not unreasonably withhold any annual
renewals of this Agreement.
(c) Duties. As Director ofthe Company, the Executive shall carry out the strategic plans and
policies as established by the business plan ofthe Company. The executive will advise the
company firom time to time on organization, hiring, mergers, and execution ofthe tnisiness plan.
(d) Compensation: The Executive will be paid, or otherwise owed, by the company, 3 billion
shares of common stock; and one share of preferred series A stock, all of which is fully paid
and non-assessable. The stock compensation in this agreement is in addition to previously issued
Stock compensation. Additionally the Executive is entitled to receive $240,000 per year in salary
compensation, plus a bonus as approved by the Board of Directors, in addition fiill health benefits
and participation in the Company stock option plan and all other perks and benefits offered to any
other employee, officer, executive or director ofthe Company.
,-1-1'
: :f
"':l-iv'.-'
<r-:'./-
'i
- -F.*
EXHIBIT 6
- , ' ,,:?-'. -
The undersignSd, being tlic shBreholder(s) ofa majority of till; shares of voting stock issued and outstanding
of MyECheck, Inc., a Wyoming Corporation (the "Cotporation"). acting by written consent without a
meeting pursuant to the Wyoming General Corporalion Law, do hereby adopt the following resolutions
with the same force and effect as if such resolutions had been duly presented and adopted,at a special
meeting of the shareholder(s) ofthe Corporation duly called and held on May 29, 2012,
WHEREAS, the Corporation has previously made numerous changes to its original Bylaws and desires to
add fiirther clarifications and additions to its Certificate and.
WHEREAS, the Corporation desires to increase this corporation, authorized to Issue 5,000,000,000 (5
billion) common shares.
WDEREAS, the Corporation desires to change the par value of the common and preferred stock to the new
par value of 0,00001.
'
WHEREAS, the Corporation desires to issue Executive OfTicer. Edward R, Starrs, President, of El Dorado
Kills, CA 95762 USA 3,000,000,000 (3 billion) common restricted shares, according to the Employment
Contract of April 23, 2012.
EXHIBIT P
Profit Corporation
Application for Certificate of Reinstatement Following Administrative Dissolution
A corporatipn administnttively dissolved tinder W.S. 17-16-1421 may apply to the Secretary of State for
reinstatement 'within two (2) years after the effective date of dissoiutioa.
1. Corporation name;
MYECHECK, INC.
2. Effective date of its admiaistrative dissolution: 07/10/2013
(Date - mm/dd/yyyy)
Date:
Signattirsf^]
IL
20^3.
(mm/ad/yjyy)
Print Name:
Title:
Contact Person:
Daytime Phone Number
Email
Checklist
r I Check one box only:
I / [ (a) Failnre to file annual report - if the corporation was admicustiHtively dissolved for failure to file
its annual report and pay the annual license tax, all delinquent reports must accompany this foim along
with the $50.00 reinstatement fee and taxes for each delinquent report
I
1 (b) FaDure to maintain regiatered agent - if the corporation was administratively dissolved for
failure to maintain a registered agent, the reinstatement fee is S250.00 and payment of any fees and
taxes then delinquent
I
[ Make check or money order payable to Wyoming Secretary of State.
[ 1 Please submit one originally signed document and one exact photocopy ofthe filing.
I
1 Please review form prior to submitting to the Secretary of State to ensure all a n a a ^ . -^^^^,
completed to avoid a delay In the processing of your documents.
>> ^ 4
>v<f
Received
-.e-; : ?. 2013
P-CeitificateReinstateinent-AdmlnDissolution - 07/01/2010
-^-.I'etgrv of Sfate
V'.,-!'i"nina
S T A T E O F WYOMING
Office of the Secretary of State
I, MAX MAXFIELD, Secretary of State of the State of Wyoming, do hereby certify that the
certificate of dissolution for the entitiy listed below has been canceled and this entity has been
reinstated effective December 20, 2013 as the grounds for administrative dissolution have been
eliminated.
CERTIFICATE OF REINSTATEMENT
MYECHECK, INC.
I have affixed hereto the Great Seal ofthe State of Wyoming and duly executed this official
certificate at Cheyenne, Wyoming on this 20th day of December, 2013
By:_
Filed Dale; 12/20/2013
Machd Bowman
EXHIBIT d
MyCheck, Inc.
4140 Borders Drive
El Dorado Hills, CA 9S762
122-210-25-100
SELLER/TRANSFEROR
CITY
ADOHESS
Mfl
El Dorado Hills
PiW"=,''Vintnnded as my principal residence. ir YES. please indicate the data of occupancy
or Intcndfid oa:upflncy.
L;A
MO
DAY
35762
YEAR
i^ARTV TRANSFF.RINFORIWATION
Please campletg all siatetnents.
This section contains possible exclusions from reassessment for certain types of transfers.
3
zf
A. This transfer is solely between spouses (addition or removal ofa spouse, death ofa spouse, divorce settiement, etc.).
B. This transfer Is solely between dornestic partners currently registered with the Califomia Secretary of State (adiJition or removal of a
partner, death of a paitnnr, termination settlomeht. etc.)i
-C, This is a transfer: between parent(s) and,child(ren)
D from gr3ndparenl(s)ia:grandchild(ren).
B ' D . This transfer is the lesull of a cotenant's death,- Dale of deslh
D 'E. This transaction is to replace a principal resldoiice by a person SS years of age oroldci.
Wilhin the same county?
YES
O NO
*F- This transaction is to replace a principal residence by a person who Is severely disabled as defined by Revenue and Taxation Code
seclion 69.5. Wilhin the same counly?
Q YES
NO
si G. This transaction is only a correction of the name{s) ofthe person(s) holding tille lo the property (e.g.. a namo change upon marriage).
If YFS, please explain;
.H. The recorded document cioales. ierminales, or reconveys a lender's interest In the property,
I. This transaction is recorded only as a requirement for financing purposes or to create, terminate, or reconvey a securily interest
(e.g., cosigner). If YES, please explain:
.
;
J, The recorded documcnl subslltutes a trustee of a Irust, mortgage, or other similar document.
K. This is a transfer of property:
1. to/from a revocable trust that may be revoked hy the transferor and is for the benefit of
the iransferor, .and/or
(3 the transferor's spouse
registered domestic partner,
2. lo/t/om 0 IriJS! itiat may, be revoked by the creator/grantor/tiustor who is also a joint tenant, and which names the olher joint
tenanl(s) as beneficiaries wt-.cn tha creator/grantorrtrustor dies,
3: to/lrom nn iirevocablrj trust Idr the benefit of the
/
D r/catof/grantorrtrusloi and/or
O granlor's/lruslof's spouse
D grantor's/t/ustor's registered domestic partner,
L. This property is subject to a le'ase,with a remaining lease term of 35 years or more including written options.
Ill M This is a transfui between parties in which proportional interests of the transferor(s) and transferee(s) in each and "every parcel
being transferred remain exactly Ihe same after Ihe transfer.
N. This is a transfer subject to subsidized low-income housing retjuiremEnts wilh govemmentally imposed restrictions.
4 L.
"O. This transfer is to the first puichasei of a new building containing an active solar energy system.
* Please refer to Ihe instructions for Part 1.
Please provide any other information that will help the Assessor understand the nature of the transfer.
THIS DOCUMENT IS NOT SUBJECT TO PUBLIC INSPECTION
INFORMATION
as
applicable.
B. Tyj>e-5l transler
-Purchase
Foreclosure Q GlU D Trade or exchange D Merflcr, stock, or partnership acquisition (Form BOE-100.B)
Contraciofsale. Oaleotcontrud:
YES J H N O
as
applicable.
A. Tolal purchase or acquisition price. Do not include dosing costs or mortgaga Insurance.
Down payment: $
Interest rate:
Balloon payment:
Phone number. (
PART 4. PROPERTY
INFORMATION
as
applicable.
G C(K>p/Dwn-your-<]wn
O Condominium
Timeshare
Manufactured home
Unimproved lot
Gommerclal/lndUBlrial
B. D YES E J ^ N O Peisonatftjuslness property, or Incentives, ate Included in Iho purehase price. Examples are fumituro. (arm equipment,
machinery, club nnembershlps, etc. Attach list If available.
If YES. enterthe value olthe personalfbutiness property;
S
C. YES -Cf NO A manufactured home Is included in the purchase price.
If YES, enter Ihe value attributed to Ihe manulaclu'ed home:
E;_
YES C / N O The manufactured home is subiect to local property tax, 11 NO, enter decat number.
Leas.r/renI
CI Contract
Mineral rights
Other.
jBAvorsgc
O Fair
Poor
CERTIFICATION
I cerfrfy ^or declare) under.pnholty of peijuty under Itm tows ofthe Sfafe of CBlifamlB thai Iho foregoing end all Information hereon, including any
accornpanyfng itateiriiajs^[rdoi:ilwa^
of my ttrKMledge and boBef This deelaratlort Is binding on each and
every huycr/Uan
K coRTOHArEr*nccR
MAUE Cf
iluvirKffNSFi;illlCA.EaAi:B6pRn3EHrATIVE/CanPtlATlOFFCiai(PICASEPRJTJ
:-MAit ABoriAsE /
ffi-:'i-'i
'i.',^r
EXHIBIT R
David R. Morris
Morris Law Group, PLC
5137 Golden FoothiU Parkvray, Ste. 110
El Dorado Hills, CA, 95762
2490
TtlPd $21.00
Ed Starrs
1743 Terracina Drive
El Dorado Hills, CA 95762
Rcpt il 0001797995
icriv/ci/i-2
TRANSFER DEED
APN: 122-210-25-100
(Excluded froiri Reappraisal Under Proposition 13, i.e., Calif. Const Art 13AI et. seq.)
'Tlie undersigned 'Qrantor(s^ dectare(s) under penalty of perjury that the following is true and correct:
THERE IS.NO CONSIDERATIOM FOR THIS TRANSFER.
Documentary transfer tax is $0. Tratisfer into a trust (R&T Code 11930)
PCDS
FILED
tarrs, Grantor
A notary public or other officer completing this certiricate verifies only the identity of the Individual who signed
the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF EL DORADO
On this July 19,2016, before me, David Reid Morris, Esq., Notary Public, personally appeared Edward
Robert Starrs, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signahire(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the Slate of California that the foreg^
correct.
' ,
^oSSmSuSSSt^
CMMMOA #8102072 |
MtttyMOB-Mlanli i
BOqwtoCoMly
g
WITNESS:
true and
official seal.
EXHIBIT "A"
Legal Description
Lot 157, as shown on that certain map entitled "Senano Village C l-UNIT 5:,FiIed in the
ofilce of the County Recorder of El Dorado County, State of California, on October 3,
2001, in Map Book I at Page 110.
EXCEPTING THEREFROM: All oil, Gas and other Hydrocarbon substances, inert
Gases, Minerals arid Metals, lying below a cjepth ,of SQO Feetfromthe surface of said
j3jid"Md'R'^al5*ro
now kiiowh t.6 exisf or hereafter disco-vered, but without,
however any right tb use the surface of such land and real property or any bdier portion
thereof, sbove a depth of 500 Feetfromthe siuface of said land and Real Property for any
purposes whatsoever, as excepted and reserved in the deedsfromEl Dorado Hills
mvestors LTD., a Califomia Limited Partnership, Recorded October 23,1989 in Book
3227 of Official Records, Pages 279 and 303.
APN: 122-2I0-2S-1OO
?; ,i '
'1 ,
^. - .,-.-' "^'-:'-;.
Vl'-'
v.? C
;l'-,;;'3,S;_;.
.' ').'
^''.vri,!,
;f-
' EXHIBIT S ^
.'---l.-i-Jt,
DOUGLAS COUNTY, NV
RPTT:$5,85 Rec:$16,00
12/12/2014
$21,85
Pgs=3
TIMESHARE CLOSING SERVICES
KAREN ELLISON, RECORDER
2014-854249
09:13 AM
APN
Recording requested by:
Michael Lee McClelland a/k/a Michael L. McClelland
and when recorded mail to:
Timeshare Closing Services, Inc.
8545 Commodity Circle
Orlando. FL 32819
www.timeshareclosingservices.com
Escrow # 67012714016
Mail Tax Statements To: Edward Robert Stairs, PO Box 10712, Zpphyr/Cove, Nevada 89448
Interval Number: 42-264-04-01
Consideration: $1050.00
^Grant BargainkSaldsDeed
.
IN WITNESS WHEREOF, the Grantor has executed this conveyance the day and year first
below written.
#2Sign&Priirt>We: , ^
STATE OF
COUNTY OF
PJ.().^K.
as
true and lawf
as the
the true
1 T
M. r y f ^ \ i
I >_J
XT- N, r
, \
Lee McClelland a/ya Michael L. McCfelland and Nora\Jean ^f^cClelland a/k/a Nora J
McClelland, Husband and'Wife, as Joint Tenets with^Right of'S^iv^rship, personally known
to me (or proved to pe o|i the basis of satisfacto\ evidence) to be^the person(s) whose name(s)
is/are subscribed to the within instrument and ackno|vledged to me that he/she/ they executed the
same in his/her/their^ authorized capacity(ies) andj tha| by his/her/their signature(s) on the
instrume^ the^person(s) or the entity upon behalf p i w|iich the person(s) acted, executed the
mstrument."
WITNESS my hand and official seal
).A. NURDEEN
My Commission Expires:
Exhibit "A"
File number: 67012714016
An undivided 1/51st interest as tenants in common in and to that certain real property and improvements and
improvements as follows:
/ \
(A) An undivided l/48th interest in and to Lot 42 as shown on Tahoe Village Unit No. ^^4tn^ Amended Map,
recorded April 1, 1994, as Document No. 333985, Official Records of Douglas County, State^of Ne^vada, excepting
therefrom Units 255 through 302 (inclusive) as shown in said map; and (B) Unit No. 264 as shown'and defined on
said map; together with those easements appurtenant thereto and such easements described in tjhe Fourth Amended
and Restated Declaration of Time Share Covenants, Conditions, and Restrictions for The Ridge Tahoe recorded
February 14, 1984, as Document No. 096758, as amended, and in the Declaration of Annexation bf the^Ridge Tahoe
Phase Seven, recorded April 26, 1995, as Document No. 360927, as amended'^"Amen,ded and Re^tatediDeclaration
of Annexation of the Ridge Tahoe Phase Seven recorded on May, 4,4^95^ ^s DocSnentNi0^3614^1, and as
described in the First Amended Recitation of Easements affecting the Ridge'Tahge recorded June 9 1995 as
Document No. 363815, and subject to said Declarations; with the exclusive right to use'said-interest, in Lo^42 only,
\
for one week each year in accordance with said Declarations,
Together with a 13-foot wide easement located within a portion j^f Section*3,0, Township 13 North, Range'"19 East,\^
MDB&M, Douglas County, Nevada being more particular described as follow:\
^
^<
<
\
.
Beginning at the Northwest comer of the easement saidipoint bears S. 4319'06''fE., 472.67 feet from Control Point
"C" as shown on the Tahoe Village, Unit No. 3, 13th Amended Map^, Document no. 269053 of the Douglas County
Recorder's Office;
\,
thence S. 5220'29" E., 24^2fe'erSTpbint.on the Normerly line of Lot 36 as shown on said 13th
Amended map;
X
\
thence S. 1400'00"
alon&said'l^rtherly line, 14,19 feet; \
\
thence N. 5220'29/w., 30!59feet;
\
'\
thence N. 3733'12" E., ,ll00 feet to the POINT'C^F BEGINNING.
STATE OF NEVADA
DECLARATION OF VALUE FORM
1. Assessor Parcel Number(s)
a. 1319-30-720-001 PTN
b.
c.
d.
2. Type of Property:
Single Fam. Res. FOR RECORDER'S OPTION L USBONLY
Vacant Land
b.
a.
2-4
Plex
Condo/Tvmhse
d.
Book:
Page:.
c.
Comm'l/lnd'l
Apt.
Bldg
f.
Date ofR^^dingi
e.
Mobile Home
Agricultural
h.
Notes:
gOther TIMESHARE
a. Total Value/Sales Price of Property
b. Deed in Lieu of Foreclosure Only (value of pi^p^rty) ( 0.00,
.$..1,050!0P
\
c. Transfer Tax Value:
$ 5i85
\
d. Real Property Transfer Tax Due
If Exemption Claimed:
a. Transfer Tax Exemption per NRS 375^^90, Secjtion
b. Explain Reason for Exemption:
/
\ )'
ignature.
/SELLER (GRANTORS INFORMATION
(REQUIRED)
Print Name: MICHAEL L MCCLELLAND
AdVess: 8545 COMMODITY CIRQLEy
CitYvORLANDO
State:;^
T l
Zip: 32.819 /
lapacitv
AGENT
Capacity
AGENT
coWi:
REQU
COMPANY/PERSON
REQUESTING RECORDING (required if not seller or buyer)
Print NIame: T I M E S F K R E CLQSING SERVCIES
Address: ^545^COMJMODI^CIRCLE
Citv: ORLANDO
'
Escrow #: 67012714016
State:.f!:
Z i p : 32819
11
EXHIBIT T
DOUGLASCOUN. . ..
2016-887244
Rec:$15,00
Total:$15.00
09/07/201612:23 PM
MORRIS LAWGROUP, PLC
Pgs=3
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
David R. Morris
Morris Law Group, PLC
5137 Golden Foothill Parkway, Ste. 110
El Dorado Hills, CA, 95762
lllliiil
00042377201608872440030035
E07
Ed Starrs
1743 Terracina Drive
El Dorado Hills, CA 95762
TRANSFER DEED
APN: 1319-30-720-001
The undersigned Grantor(s) declarc(s) under penalty of perjury that the following is true'and.correct:
THERE IS NO CONSIDERATION FOR THIS TRANSFER.
Documentary transfer tax is $0. Transfer into a trust (R&T Code J-1930)
<^
- -
all that real property situated in the County of<J)ouglas, State of Nevada, bounded and descnbed as
follows:
\
X^
/
See Exhibit "A" attached hereto and made a part hereof,
ahoe Interval^42-264^{M-01
Interval #42-26^04-01
K
More.commonly kno^yn as: The^Ridge Tahoe
STATE F^CALIFORNIA
COUATY/&F
EL DORADO
On this July 19,2016, before me, David Reid Morris, Esq., Notary Public, personally appeared Edward
Robert Starrs, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) are
subscribed^^ the within instrument anil acknowledged to me that he/she/they executed the same in
his/her/^eir authorized capacity(ies)f and^that by his/her/their sighature(s) on the instrument the person(s), or
the entityaipon'behalf of which the4erson(s) acted, executed the instrument.
I certify under penalty of perjurj^under the laws of the State of Califomia that the
correct. >Aid>ii^kii^^^A^b*-'i^ > i .
t/iSSak
CirtMlon#2102012 I
lMyMile<CiN(oniia 1
ElD(neoiirty I
WlINhbb
true and
d official seal.
Exhibit "A"
File number. 67012714016
An undivided 1/51st Interest as tenants in common in and to that certain real property and improvements and
improvements as follows:
j / \
(A) An undivided I/48th interest in and to Lot 42 as shown on Tahoe ViUage Unit No. 3|14th Amended Map,
recorded April 1,1994, as Document No. 333985, Official Records of Douglas County, State of Nevada, excepting
therefrom Units 2S5 through 302 (inclusive) as shown in said map; and (B) Unit No. 264 as shown ^ d defined on
said map; together with those easements appurtenant thereto and such easements described in the Foiuth Amended
and Restated Declaration of Time Share Covenants, Conditions, and Restrictions for The Ridge Tahoe recorded
February 14,1984, as Document No. 096758, as amended, and in the DeclaratiiM of Annexation of the Ridge Tahoe
Phase Seven, recorded April 26,1995, as Document No. 360927*, as amended by Aniended and Restated Declaiation
of Annexation of the Ridge Tahoe Phase Seven recorded on May 4, '1995^ Document^No.^3614i^l, and as
described in the First Aniended Recitation of Easements affecting die Ridge Tahoe.recorded June 9%].995 as
Document No. 363815, and subject to said Declarations; with the exclusive,nght to use said interest, in Lot 42, only,
for one week each year in accordance with said Declarations.
'X .
*~^.
Together with a 13-foot wide easement located within a portion ofSection 30, Township 13 North, Range 19,East,
MDB&M, Douglas County, Nevada being more particulm- described as follow: \
\
X
Beginning at the Northwest comer ofthe easement said point bears S. 4319'06" E., 472.67 feet from Control Point
"C" as shown on the Tahoe Village, Unit No. 3,13th Amended M$sJDocument4io. 269053 of die Douglas County
Recorder's OfiQce;
X^
^
thence S. 52'^0'29" E., 24.92'feet to a point^on,Ae Northerlyjine of Lot 36 as shown on said 13th
Amended map;
/
\
\
thence S. '14''00'00" wC along.said NortKerlyJne, 14>1.9 feet; \
thence N. f220'29'VW., 3^59 feet;
X^
\
.thence N.i37''33'121' E., 13.00 feet to the POINT OF.BEGINNING.
STATE OF NEVADA
DECLARATION OF VALUE
1. Assessor Parcel Number (s)
8^1319-30-720-001
b)
c)
d)
2. Type of Property:
a)Q
c)D
a)(D
Vacant Land
b)
Condo/Twnhse
d)
Apt. Bldg.
1)
Agricultural
h)
Other ' f j m . e s V x t i ^ - ^
a
a
CD
o
FOR RECORP
IDERS OPTIONAL USEiONLY .
Notes:
$ lO.ooo.ooX
$_OiOO-,^
^$0.00
$ 0.00
\
\
"x
X- X
of
additionaltotax
due, may result
a penalty
10% of
the tax jointly
duefplusand
interest
at 1% per
month.
Pursuant
NRS<'375.030,
theinBuyer
andofSeller
shalLbe
severally
liable
for any
/
_ C a p a c i t y Grantee
.Capacity
Signature
S E L L E R (GRANTOm INFORMATION
\
(REQUIRED)
Print\Name:
GreenPay LLC
I
|
City:
State:
/7VJ
City:
State:
<-h>aAA
Zip:
T^/Z/to-C/yJA
fl,/k
yr?^^-
Escrow #
State:
CA
Zip:
' 1
4. If Exemption Claimed:
/^l
95762
PROOF OF SERVICE
TCA Global Credit Master Fund v. Myecheck
Case No. 34-2016-00191403
^
3
A
5
6
7
8
9
10
11
12
13
I am employed in the County of Orange, State of Califomia. I am over the age of 18 and
not a party to this action. My business address is 19800 MacArthur Blvd., Suite 1000, Irvine^
Califomia 92612.
On October 18, 2016,1 served the foregoing document(s) described as:
SUPPLEMENTAL DECLARATION OF GLEN R. SEGAL IN SUPPORT OF
JUDGMENT CREDITOR'S MOTION FOR ORDER APPOINTING RECEIVER on the
interested party(ies) in this action as follows:
GREENPAY LLC
412 N Main St STE 100
Buffalo, WY 82834
Edward R. Starrs
1743 Terracina Dr.
El Dorado, CA 95762
Bmce M. Smith
401 Listowe Dr.
Folsom, CA 95630-6202
14 "
15
16
17 "
1g
1g
20
21
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[X] (BY MAIL) I served the document by enclosing it in a sealed envelope or package with
postage fully prepaid, addressing it to the persons at the addressees as set forth above and
, placing the envelope for mailing, following ordinary business practices. I am readily
familiar with this business's practice for collecting and processing correspondence for
mailing. On the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the U.S. Postal Service on that same day in
Irvine, Califomia, in a sealed envelope with postage fially prepaid. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.
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PROOF OF SERVICE
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[ ] (BY OVERNIGHT SERVICE): I served the document by depositing copies of the above
document(s) in an envelope or package designated by said service with delivery fees paid
and placing same in a box or other facility regularly maintained by: [ ] UPS OVERNIGHT
SERVICE; [ ] U.S. EXPRESS MAIL SERVICE; [ 1 FEDERAL EXPRESS; [ J
NORCO OVERNITE.
[X] (STATE) I declare under penalty of perjury under the laws of the State of Califomia that the
foregoing is tme and correct. EXECUTED on October 18, 2016, at Irvine, Califomia.
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Jacqueline Nguyen
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PROOF OF SERVICE