Party Notice: THE ESTATE OF BOOKER T. FOGGY

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Kelly E. Dankbar, State Bar No. 182976
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LAW CORPORATION ELECTRONICALLY
400 Capitol Mall, 11th Floor FILED
Sacramento, CA 95814 Superior Court of Californie,
(916) 558-6000 — Main County of San Francisco
(916) 446-1611 — Facsimile 06/19/2020

Clerk of the Court

woe BY: AISHA NELSON
Attorneys for Administrator Deputy Clerk

Bruce Foggy

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

Case No. PES 18-301727

DECLARATION OF KIM SALAS RE: NOTICE
OF FILING OF EX PARTE APPLICATION FOR

In the Matter of the Estate of
BOOKER T. FOGGY,

Decedent. AUTHORITY TO EXECUTE EXCLUSIVE
LISTING AGREEMENT
Date:
Time:
Dept:
|, Kim Salas, declare:
1. | am a paralegal at Weintraub Tobin Chediak Coleman Grodin Law

Corporation (hereinafter referred to as “Weintraub Tobin”), attorneys of record for Petitioner
Bruce Foggy, Administrator of the Estate of Booker T. Foggy (hereinafter “Petitioner”). | have |
personal knowledge of the facts set forth in this declaration, and if called upon to do so, |
could and would competently testify to those facts under oath. This declaration is submitted in
support of Petitioner’s Ex Parte Application for Authority to Execute Exclusive Listing Agreement
(“Petition”), which is on file herein.

2. As set forth in the letter attached hereto as Exhibit A and incorporated herein,
notice of the filing of the Petition was mailed on June 18, 2020. The letter, along with a copy }
of the Petition, was mailed to the following parties:

Mf

{2937245.DOCX;} 1 DECLARATION OF KIM SALASoO OD ON BO HD BW NH =

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Bruce Foggy Lamont Foggy

8750 Sunset Avenue 1838 Alabama Street

Fair Oaks, CA 95628 San Francisco, CA 94110
Roger Meredith Joan Foggy

Law Offices of Roger L. Meredith 3701 Sacramento Street
22 Battery Street, Suite 200 San Francisco, CA 94118

San Francisco, CA 94111

Steven D. Schroeder Terence O. Mayo

nheritance Funding Company, Inc. | Mayo & Mayo

235 Montgomery Street, Ste. 1035 114 Sansome Street, Ste. 280
San Francisco, CA 94104 San Francisco, CA 94104

Probate Advance, LLC
100 Fisher Avenue, #952
White Plains, NY 10602

declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed at Sacramento, Califesnifjthis 18" day of June, 2020.
Kim J

{2937245.DOCX;} 2 DECLARATION OF KIM SALASEXHIBIT Aweintraub|tobin

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Kelly E. Dankbar
916-558-6061 oinccr
kdankbarf@weintraub.com

June 18, 2020
VIA FIRST CLASS MAIL

Re: _ Estate of Booker T. Foggy;
Notice of Hearing on Ex Parte Petition

TO ALL INTERESTED PARTIES:

We are enclosing for your records a copy of the Ex Parte Application for Authority to
Execute Exclusive Listing Agreement (“Petition”). As set forth in the Petition, Bruce Foggy,
as Administrator of the Estate of Booker T. Foggy, is requesting that the court authorize his
execution of the listing agreement that is attached as Exhibit B to the Petition. The listing
agreement relates to the sale of the real properties located at 1838 Alabama Street and
1820 Alabama Street in San Francisco, California.

The Petition was filed with the San Francisco County Superior Court on June 18, 2020.
The Petition is being processed by the court via “drop-off”, meaning that the Petition will
not be set for hearing. Instead, the Petition will be reviewed and considered by the court
and, upon approval, the Judge will sign the related order.

If you have any questions, please call me at (916) 558-6061.

Very truly yours,

weintraub | tobin

Helis€, Dewtbe—

Kelly E. Dankyar

Enclosure

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400 Capitol Mall, 11th Floor, Sacramento, California 95814 | [916] 558.6000 IF (916) 446.1611 | www.weintraub.comgrodin

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| Kelly E. Dankbar, State Bar No. 182976

weintraub tobin chediak coleman grodin
LAW CORPORATION

400 Capitol Mall, 11th Floor
Sacramento, CA 95814

916) 558-6000 — Main

Gis 446-1611 — Facsimile

Attorneys for Administrator
Bruce Foggy

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO

In the Matter of the Estate of Case No. PES 18-301727

)
BOOKER T. FOGGY, EX PARTE APPLICATION FOR AUTHORITY
TO EXECUTE EXCLUSIVE LISTING
Decedent. AGREEMENT (Prob. Code, § 10150.)
Date:
Time:
Dept.:
)

Petitioner Bruce Foggy, Administrator of the Estate of Booker T. Foggy (hereinafter

“Petitioner”), respectfully alleges:
1. BACKGROUND

1. Date of Death and Domicile. The decedent, Booker T. Foggy (hereinafter the

“Decedent”), died intestate on February 5, 2018, and was a resident of San Francisco County
at the time of his death.

2. Petitioner as Qualified Administrator: Issuance. of Letters. Petitioner qualified as

Administrator of the Decedent's estate, and Letters of Administration were issued to him on
November 20, 2018. At all times since November 20, 2018, Petitioner has been, and now is,
the duly appointed, qualified, and acting Administrator of the Estate of Booker T. Foggy
(hereinafter the “Estate”).

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3. Authority Under the Independent Administration of Estates Act. Pursuant to the

Order for Probate dated October 4, 2018, Petitioner was not granted the authority to

administer the Estate without court supervision under the Independent Administration of Estates

Act. As set forth in the Order for Probate, neither full nor limited authority was granted to |

administer the Estate under the Independent Administration of Estates Act. Therefore, pursuant
to Probate Code section 10150(c), Petitioner must seek permission of the court to enter into an
exclusive listing agreement to sell real property.

4, Sale of Alabama Street Properties. The primary assets of the Estate are the

Decedent's real properties located at 1838 Alabama Street and 1820 Alabama Street in San
Francisco, California (hereinafter the “Alabama Street Properties”). On April 16, 2019,
Petitioner filed an Inventory and Appraisal, Partial No. 1, which shows the value of the
Alabama Street Properties as of February 5, 2018 (the Decedent's date of death) to be
$3,700,000.00. The Alabama Street Properties consist of two (2) lots that are adjacent to one
another. A two-story house is located on the lot located at 1838 Alabama Street, and the lot
located at 1820 Alabama Street is vacant. During the Decedent's lifetime, he made several
renovations to the house located at 1838 Alabama Street, which included adding a bedroom
to the lower level of the house, as well as enclosing the stairs located on the side of the house
with conerete, The stairs lead to a room on the upper level of the home that serves asa multi-
purpose room, and there is additional storage underneath the stairs. The renovations that the
Decedent made to the house, however, were completed without receiving a permit authorizing
him to complete the work. Furthermore, as a result of the concrete that was added to enclose
the stairs located on the side of the house, the house now encroaches approximately fifteen
feet onto the adjacent lot (1820 Alabama Street). Because the house now sits on both lots, the
1820 Alabama Street lot must be sold with the 1838 Alabama Street lot,

5. After Petitioner was appointed as Administrator of the Estate, Petitioner
proceeded to list the Alabama Street Properties for sale even though Petitioner was not granted
the authority to administer the Estate without court supervision under the Independent

Administration of Estates Act. Given the unique nature of the Alabama Street Properties, and

EX PARTE APPLICATION FOR AUTHORITY TO
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| because the renovations that were completed on the Alabama Street Properties were
unpermitted, minimal interest was received from prospective buyers, despite the fact that the
Alabama Street Properties were heavily marketed for sale. Some prospective buyers arranged
to have architects inspect the properties to determine whether the unpermitted work could be
corrected. However, the extensive work involved to correct the issues with the properties
limited the pool of prospective buyers and, as a result, the Alabama Street Properties remained
on the market for an extensive period of time.

6. In or around May 2019, approximately seven months after Petitioner initially
listed the Alabama Street Properties for sale, Petitioner received an offer to purchase the
properties. After extensive negotiations, in September 2019, the prospective buyer made an
all-cash offer of $2,225,000.00, which was consistent with the market value of the Alabama
Street Properties at the time. Petitioner accepted the offer of $2,225,000.00, and escrow was
set to close on or around October 30, 2019.

7. As noted above, Petitioner was not granted the authority to administer the Estate
without court supervision under the Independent Administration of Estates Act. As a result,
Petitioner required authorization from the court to enter into a listing agreement to sell the
Alabama Street Properties. Nevertheless, on September 21, 2019, Petitioner executed a
California Residential Purchase Agreement and Joint Escrow Instructions. Subsequently, on
October 9, 2019, Petitioner's former counsel filed a Notice of Sale of Real Property at Private
Sate. Petitioner's former counsel, however, did not file a Report of Sale and Petition for Order
Confirming Sale of Real Property prior to the filing of the Notice of Sale of Real Property at
Private Sale. As a result, the pending escrow regarding the sale of the Alabama Street
Properties was cancelled. Furthermore, because Petitioner was not granted the authority to
administer the Estate without court supervision under the Independent Administration of Estates
Act, Petitioner's sister (and the Decedent's daughter), Joan Foggy, who is also a beneficiary of
the Estate, filed a Lis Pendens (Notice of Pendency of Action) against the Alabama Street
Properties on December 31, 2019.

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8. In January 2020, the Alabama Street Properties were listed for sale once again.
Petitioner received interest from other prospective buyers; however, the proposed offers, which
varied from approximately $1,600,000.00 to $1,910,000.00, were significantly less than the
market value of the properties’. Additionally, the terms and conditions that accompanied the
offers were unreasonable. Petitioner did not receive any other offers to purchase the Alabama

Street Properties; however, Petitioner learned that the buyer who entered into a contract to

purchase the Alabama Street Properties in September 2019 was still interested in purchasing
properties. As a result, Petitioner entered into another contact with the buyer to purchase the
Alabama Street Properties; however, the sale could not proceed as a result of the Lis Pendens

that was recorded against the properties.

Il NEED FOR EX PARTE RELIEF

9. Because Petitioner was not granted the authority to administer the Estate without
court supervision under the Independent Administration of Estates Act, pursuant to Probate
Code section 10150(c) (which specifically provides for an ex parte application), Petitioner
requests authorization from the court to execute a listing agreement with Realty World — San
Francisco Bay Area, located at 415 S Eldorado Street, San Mateo, California (“the Agency”),
granting the Agency the exclusive right, for a period up to 90 days, to act as Petitioner's agent
in the selling of the Alabama Street Properties, which is described in further detail below:

1820 Alabama Street:

Beginning at a point on the Westerly line of Alabama, distant thereon 70
feet Southerly the Southerly line of Ripley Street; running thence Southerly
along said line of Alabama Street 50 feet; running thence at a right
angle Westerly 80.75 feet; thence at a right angle Northerly 50 feet;
thence at a right angle Easterly 80.75 feet to the point of beginning.

Being a portion of Lot No. 3 and all of Lot No. 4, Subdivision of Lots 182
to 193, Precita Valley Lands.

Assessor's Lot 002; Block 5549

' In December 2019, Petitioner's former attorneys arranged for the Alabama Street Properties to be reappraised
for sale, as the $3,700,000.00 appraised value of the properties as of the Decedent's date of death (February 5,
2018) did not reflect the current market value of the properties or the overall condition of the properties (including
the unpermitted renovations and the encroachment of the house on to the lot at 1820 Alabama Street). As set
forth in the Reappraisal for Sale, o copy of which is attached hereto as Exhibit A, the appraised value of the
Alabama Street Properties as of January 2020 is $2,472,000.00 _
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1838 Alabama Street:

Beginning at the point of intersection of the Northerly line of Waltham

Street and the. Westerly line of Alabama Street; running thence Northerly

and along said line of Alabama Street 30 feet; thence at a right angle

Westerly 80 feet and 9 inches; thence at a right angle Southerly 30 feet

to the Northerly line of Waltham Street; thence Easterly along said line of

Walham Street 80 feet and 9 inches to the point of beginning.

Being Lot 5, subdivision of Lots 182 to 193, Precita Valley Lands.

Assessor's Lot 005; Block 5549

10. The listing price shall be Two Million Four Hundred Seventy-Two Thousand

Dollars ($2,472,000.00), which is the appraised value as set forth in the Reappraisal for Sale.
(See Exhibit A.) The proposed agreement provides for payment of a commission in the sum of
five and one-half percent (5.5%) of the listing price to the Agency. The commission will be
paid from the proceeds of the sale of the Alabama Street Properties. A copy of the proposed

listing agreement is attached hereto as Exhibit B and incorporated herein by reference.

11. As set forth above, during the Decedent's lifetime he made several renovations
to the house located at 1838 Alabama Street. The renovations included adding a bedroom to
the lower level of the house, as well as enclosing the stairs located on the side of the house |
with concrete. The Decedent, however, failed to obtain the required permits for the
renovations to the house. Additionally, the house now encroaches approximately fifteen feet
onto the adjacent lot (1820 Alabama Street) as a result of the concrete that was added to the
house to enclose the stairs. Because the house now sits upon both lots, the 1838 Alabama
Street lot and the 1820 Alabama Street lot must be sold together.

12. When Petitioner initially listed the Alabama Street Properties for sale, Petitioner :
received minimal interest from prospective buyers, despite the properties being heavily
marketed by Petitioner's realtor, Bernard Edwards, who specializes in homes in the area where
the Alabama Street Properties are located. Mr. Edwards sent letters, post cards, and emails to
numerous real estate agents and longstanding clients informing them of upcoming open
houses. Mr. Edwards also contacted several contractors and real estate investors that were
seeking properties to renovate. The Alabama Street Properties were advertised on at least 150

websites and continually listed on MLS and on various real estate listing websites, including

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trulia.com, homes.com, and zillow.com. Mr. Edwards also posted advertisements in the San
Francisco Chronicle. However, despite Mr. Edwards’ continued and diligent efforts, the
Alabama Street Properties received very little interest from prospective buyers, due to the
unpermitted work that was completed on the properties, the house encroaching on to the
adjacent lot, and the extensive work that would be involved in order to correct the prior
renovations to the properties. During the time that the Alabama Street Properties were
previously listed for sale (a period of approximately fifteen months), the Administrator received
only one earnest offer on the properties, which was an all-cash offer of $2,225,000.00.
Petitioner is informed and believes that the prospective buyer may still be interested in pursuing

the purchase of the Alabama Street Properties. Given the unique nature of the properties, and

because the current state of the properties will limit the pool of prospective buyers, it is |
uncertain as to whether Petitioner will receive another comparable offer to purchase the
properties. Thus, in order to proceed with the previous prospective buyer, Petitioner seeks to
list the Alabama Street Properties for sale as soon as practicable, as it is in the best interest of
the Estate that the Alabama Street Properties are sold.

13. Persons Entitled to Notice. The names and addresses of all persons entitled to

notice, so far as is known to Petitioner, are as follows:

lame and Address 4 Age _Relationship _
Bruce Foggy Adult | Petitioner; Son

| 8750 Sunset Avenue |

| Fair Oaks, CA 95628 {

Lamont Foggy Adult Son
1838 Alabama Street | \
San Francisco, CA 94110
Joan Foggy Adult Daughter : |
3701 Sacramento Street |
San Francisco, CA 94118 |

\ Adult “Counsel for Joan Foggy

Law Offices of Roger L. Meredith
22 Battery Street, Suite 200
; San Francisco, CA 94111 '

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14,

Request for Special Notice, The following request for special notice has been

filed in this matter.

Steven D. Schroeder

Inheritance Funding Company, Inc.

235 Montgomery Street, Ste. 1035
San Francisco, CA 94104

Terence O. Mayo
Mayo & Mayo

114 Sansome Street, Ste. 280

San Francisco, CA 94104

Probate Advance, LLC

100 Fisher Avenue, #952

White Plains, NY 10602

WHEREFORE, Petitioner requests that Bruce Foggy, as Administrator of the Estate of

Booker T. Foggy, be authorized to execute the proposed listing agreement attached hereto as

Exhibit B for the real properties described herein; and that such other and further relief be

granted as the court considers proper.

Dated: June 17, 2020.

{2891037.DOCX;2}

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Kelly Yonkbar

Attorneys for Petitioner Bruce Foggy,
Administrator of the Estate of Booker T,

Foggy

EXECUTE EXCLUSIVE LISTING AGREEMENT

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VERIFICATION

|, Bruce Fogy, declare:

!am the Administrator of the Estate of Booker T. Foggy, and in that capacity, am the
petitioner in the above-entitled action. | have read the foregoing EX PARTE APPLICATION FOR
AUTHORITY TO EXECUTE EXCLUSIVE LISTING AGREEMENT, and know the contents thereof.
The same is true of my own knowledge, except as to matters stated on information and belief,
and as to those matters, | believe them to be true.

| declare under penalty of perjury under the laws of the State of California that the

foregoing is true and correct. Executed at Sacramento, California this _.13th day of

~

___May , 2020. {j— Cx
Bruce Foggy

| EX PARTE APPLICATION FOR AUTHORITY TO
{2891037 DOCK;2} 8 EXECUTE EXCLUSIVE LISTING AGREEMENTEXHIBIT ADE-160/GC-040
[ artonney OR PARTY WITHOUT ATTORNEY (Name, stave ber number, and address): FOR COURT USE ONLY
|__ Strategic Wealth Legal Advisors
Kathryn C. Nelson (269698)
3001 Douglas Bldv. Suite 142
Roseville, CA 95661

reepHoneno. 916-325-0130 FAXNO. (Options: 916-771-4475
Ewan, aporess (Optonen: kathryn@strategicwealthlegal.com
ATTORNEY FOR (Nemey: Bruce Foggy
SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Francisco
street aooress: 400 McCallister Street
mains aporess: 400 McCallister Street
cry anpzip cove: San Francisco, CA 94102
erancn ame: Probate
ESTATE OF (Name):
Booker T. Foggy

pecepenr [_] conservaree C_] minor

CASE NUMBER:
INVENTORY AND APPRAISAL PES 18-301727
(J Partial No.: (J corrected ‘Dale of Desth of Decadent or of Appointment of
(J Finat Reappraisal for Sale Guardian oF Conservator:
() Supplemental (=) Property Tax Certificate
APPRAISALS
1. Total appraisal by representative, guardian, or conservator (Attachment 1): $ 0
2, Total appralsal by referee (Attachment 2): $  2,472,000,00

TOTAL: $  2,472,000.00

DECLARATION OF REPRESENTATIVE, GUARDIAN, CONSERVATOR, OR SMALL ESTATE CLAIMANT
3, Attachments 1 and 2 together with all prior Inventories filed contain a true statement of
Cat aportion of the estate that has come to my knowledge or possession, Including particularly all money and all
just claims the estate has against me. | have truly, honestly, and Impartially appraised to the best of my ability each item set forth in
Attachment 1,
4. [] No probate referee is required © (_] by order of the court dated (specify):
5. Property tax certificate, | certify that the raquirements of Revenue and Taxation Code section 480
a. [_Jare not applicable because the decedent owned no real property In Califomia at the time of death,
have been satisfied by the filing of a change of ownership statement with the county recorder or assessor of each county In
California in which the decedent owned property at the time of death,

{ declare under penally of perjury under the laws of the State of California that the foregoing Is true and correct.

Date: >

(TYPE OR PRINT NAME; INCLUDE TITLE IF CORPORATE OFFICER) {SIGNATURE}

STATEMENT ABOUT THE BOND
(Complete in all cases, Must be signed by attorney for fiduciary, or by fiduciary without an attorney.)

6. [-_] Bond Is waived, or the sole fiduciary is a corporate fiduciary or an exempt government agency,

7. Bond filed In the amount of: $ 10,000 Sufficient [—] insufficient
8. [7] Recelpts for: § have been filed with the court for deposits In a blocked account at (specify
institution and location):
Date: .
Kathryn C, Nelson » : -
{TYPE OR PRINT NAME) (SIGNATURE OF ATTORNEY OR PARTY WITHOUT ATTORNEY)
Pago 10f2

Form Adopted for Mandafory vo INVENTORY AND APPRAISAL Fete ee erecta ee

(DE-180/GC-040 [Rav. January 1, 2007) wew.courtinto.c8.gov-DE-160/GC-040

ESTATE OF (Name): CASE NUMBER:

Booker T. Foggy PES 18-301727
[_ (2) pecepent [7] conservatee [_] minor

DECLARATION OF PROBATE REFEREE
9. | have truly, honestly, and impartially appraised to the best of my ability each item set forth in Attachment 2.
10. A true account of my commission and expenses actually and necessarily incurred pursuant to my appointment is:
Statutory commission: $ 2,472.00
Expenses (specify): $ 50.00
TOTAL: $ 2,522.00

{ declare under penalty of perjury under the laws of the State of California that the foreg Is true and correct.

oa: |/22/I \

Amy Harrington > | a

(TYPE OR PRINT NAME) CJ SNATURE OF REFEREE)

INSTRUCTIONS
{See Probate Code sections 2610-2616, 8801, 8804, 8852, 8905, 8960, 8961, and 8963 for additional instructions.)

1. See Probate Code section 8850 for items to be included in the inventory.

2. If the minor or conservatee Is or has been during the guardianship or conservatorship confined in a state hospital
under the jurisdiction of the State Department of Mental Health or the State Department of Developmental Services,
mall a copy to the director of the appropriate department in Sacramento. (Prob. Code, § 2611.)

3. The representative, guardian, conservator, or small estate claimant shall list on Attachment 1 and appraise as of the
date of death of the decedent or the date of appointment of the guardian or conservator, at fair market value, moneys,
currency, cash items, bank accounts and amounts on deposit with each financial institution (as defined in Probate
Code section 40), and the proceeds of life and accident insurance policies and retirement plans payable upon death in
lump sum amounts to the estate, except items whose fair market value is, in the opinion of the representative, an
amount different from the ostensible value or specified amount.

4, The representative, guardian, conservator, or small estate claimant shall list in Attachment 2 all other assets of the
estate which shall be appraised by the referee.

5. If joint tenancy and other assets are listed for appraisal purposes only and not as part of the probate estate, they must
be separately listed on additional attachments and their value excluded from the total valuation of Attachments 4 and 2,

6. Each attachment should conform to the format approved by the Judicial Council, (See Inventory and Appraisal Attach-
ment (form DE-161/GC-041) and Cal, Rules of Court, rules 2.100—2.119.)

DE t6066 040 Rev. ervey 1, 2007 INVENTORY AND APPRAISAL PagezatzDE-161, GC-041

ESTATE OF (name): CASE NUMBER:
Booker T Foggy PES 18-301727
INVENTORY AND APPRAISAL
ATTACHMENT NO.: 2
(in decedents' estates, attachments must conform to Probate Code Page. 1 of 3 total pages
section 8850(c) regarding community and separate property.) (Add pages as required )
item.No, Description Aporalsed value
1 Real property commonly known as 1638 Alabama Street Sen Francisco, CA 94110 $ 1,722,000.00
APN: $F & 4005
Legal Description attached hereto as "Exhibit A’
Real property commonly known as’ 1820 Alabama Street, San Francisco, CA 94110. $ 750,000.00
APN SS4Q 007.
Legal Description attached hereto as “Exhibit B"
TOTAL OF ATTACHMENT NO. 2: _ $2,472,000.00
Fam aporoved by me INVENTORY AND APPRAISAL ATTACHMENT Prapate Coos, $5 301

Judeial Counal of Catone
DE-18) Goat (Rev January 1 1988)

2610-2613, Beoo-8020 {0009Att. &
Pye tes

ORDER NO. : 0216027355 -

EXHIBIT A

The land referred to is situated In the County of San Francisco, City of San Francisco, State of
California, and is described as follows:

Beginning at the point of intersection of the Northerly line of Waltham Street and the Westerly
line of Alabama Street; running thence Northerly and along said line of Alabama Street 30 feet;
thence at a right angle Westerly 80 feet and 9 inches; thence at a right angle Southerly 30 feet
to the Northerly line of Waltham Street; thence Easterly along sald line of Waltham Street 80
feet and 9 inches to the point of beginning.

Being Lot 5, Subdivision of Lots 182 to 193, Precita Valley Lands.

Assessor's Lot 005; Block 5549

Page 1 of LAtt 2
poe jn TF

ORDER NO. : 0216027356

EXHIBIT 6

The land referred to Is situated in the County of San Francisco, City of San Francisco, State of
California, and is described as follows:

Beginning at a point on the Westerly line of Alabama Street, distant thereon 70 feet Southerly
the Southerly line of Ripley Street; running thence Southerly along said line of Alabama Street
50 feet; running thence at a right angle Westerly 80.75 feet; ; thence at a right angle Northerly
50 feet; thence at a right angle Easterly 80.75 feet to the point of beginning.

Being a portion of Lot No. 3 and all of Lot Na. 4, Subdivision of Lots 182 to 193, Precita Valley
Lands,

Assessor’s Lot 002; Block 5549

Page lof tEXHIBIT BDocuSign Envelope ID: 8E755513-BC77-454F-818D-A6F01E87040B
fay CALTFORNIA — RESIDENTIAL LISTING AGREEMENT

@ NG ASSOCIATION (Exclusive Authorization and Right to Sell)
OF REALTORS® (C.A.R. Form RLA, Revised 12/18)

Date Prepared: 04/24/2020 _

1. EXCLUSIVE RIGHT TO SELL: __ Bruce Foggy Administrator of the Estate of Booker T Foggy (‘Seller’)
hereby employs and grants Realty World - San Francisco Bay Area oe . __ ("Broker")
beginning (date) April 24, 2020 and ending at 11:59 P.M. on (date) July 30, 2020 (‘Listing Period”)
the exclusive and irrevocable right to sell or exchange the real property described as 1838 and 1820 Alabama Street

_» Situated in San Francisco __ (City),
San Francisco (County), California, 94170 _ (Zip Code), Assessor's Parcel No. 5549-005 / 5649-002 (“Property”),

(This Property is a manufactured (mobile) home. See addendum for additional terms.

[4 This Property is being sold as part of a probate, conservatorship or guardianship. See addendum for additional terms.
2. LISTING PRICE AND TERMS:

A. The listing price shall be: Two Million, Four Hundred Seventy-Two Thousand

B, Listing Terms: This Property is being sold as. part.«

Estate of Booker T. Fo: Case #PES 18-30172:
3. COMPENSATION TO BROKER:

Notice: The amount or rate of real estate commissions is not fixed by law. They are set by each Broker

individually and may be negotiable between Seller and Broker (real estate commissions include all

compensation and fees to Broker).

A. Seller agrees to pay to Broker as compensation for services irrespective of agency relationship(s), either |} 5,500 _ percent
of the listing price (or if a purchase agreement is entered into, of the purchase price), or a a
AND ee _ - . , 88 follows:
(1) If during the Listing Period, or any extension, Broker, cooperating broker, Seller or any other person procures a ready,

willing, and able buyer(s) whose offer to purchase the Property on any price and terms is accepted by Seller, provided the
Buyer completes the transaction or is prevented from doing so by Seller. (Broker is entitled to compensation whether any
escrow resulting from such offer closes during or after the expiration of the Listing Period, or any extension.)

OR (2) If within .. calendar days (a) after the end of the Listing Period or any extension; or (b) after any cancellation of this
Agreement, unless otherwise agreed, Seller enters into a contract to sell, convey, lease or otherwise transfer the Property to
anyone (“Prospective Buyer’) or that person's related entity: (i) who physically entered and was shown the Property during
the Listing Period or any extension by Broker or a cooperating broker; or (ii) for whom Broker or any cooperating broker
submitted to Seller a signed, written offer to acquire, lease, exchange or obtain an option on the Property, Seller, however,
shall have no obligation to Broker under paragraph 3A(2) unless, not later than the end of the Listing Period or any extension
or cancellation, Broker has given Seller a written notice of the names of such Prospective Buyers.

OR (3) If, without Broker's prior written consent, the Property is withdrawn from sale, conveyed, leased, rented, otherwise
transferred, or made unmarketable by a voluntary act of Seller during the Listing Period, or any extension.

B. if completion of the sale is prevented by a party to the transaction other than Seller, then compensation which otherwise would have
been earned under paragraph 3A shall be payable only if and when Seller collects damages by suit, arbitration, settlement or
otherwise, and then in an amount equal to the lesser of one-half of the damages recovered or the above compensation, after first
deducting title and escrow expenses and the expenses of collection, if any.

C. In addition, Seller agrees to pay Broker: . _ on a 7

D. Seller has been advised of Broker's policy regarding cooperation with, and the amount of compensation offered to, other brokers.
(1) Broker is authorized to cooperate with and compensate brokers participating through the multiple listing service(s) ("MLS")

by offering to MLS brokers out of Broker's compensation specified in 3A, either [_] percent of the
purchase price, or[_]$.__ ee
(2) Broker is authorized to cooperate with and compensate brokers operating outside the MLS as per Broker's policy.

E. Seller hereby irrevocably assigns to Broker the above compensation from Seller's funds and proceeds in escrow. Broker may
submit this Agreement, as instructions to compensate Broker pursuant to paragraph 3A, to any escrow regarding the Property
involving Seller and a buyer, Prospective Buyer or other transferee.

(1) Seller represents that Seller has not previously entered into a listing agreement with another broker regarding the Property,

unless specified as follows:
(2) Seller warrants that Seller has no obligation to pay compe:

Property is transferred to any of the following individuals or entities:

_ Dollars ($ 2,472,¢
Conservatorship or Guardians!

m

jo any other broker regarding the Properly unless the

(3) If the Property is sold to anyone listed above during the time Seller is obligated to compensate another broker: (i) Broker is
not entitled to compensation under this Agreement; and (ii) Broker is not obligated to represent Seller in such transaction.

© 2018, California Association of REALTORS, Inc, Seller's Initials (ZF Yo )

RLA REVISED 12/18 (PAGE 1 OF 5) @Q
RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 1 OF 5) =

‘Realty World -San Feanciaco Bay Area, 418 So. Eldorado Street San Mateo CA 94402 Phone: 680-207-3550 Fax Bruce Pgs”

Bernard Edwards Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48028 www.zipLogix.comDocuSign Envelope ID: 8E755513-BC77-454F-818D-A6F01E87040B

Property Address: 1838 and 1820 Alabama Street, San Francisco, Ca. 94110. .... Date: 04/24/2020

4, A. ITEMS EXCLUDED AND INCLUDED: Unless otherwise specified in a real estate purchase agreement, all fixtures and fittings
that are attached to the Property are included, and personal property items are excluded, from the purchase price.
ADDITIONAL ITEMS EXCLUDED: . es a - :
ADDITIONAL ITEMS INCLUDED: ee __ _.
Seller intends that the above items g the Property for sale, but understands that: (i) the
Purchase agreement supersedes any intention expressed above and will ultimately determine which items are excluded and
included in the sale; and (ii) Broker is not responsible for and does not guarantee that the above exclusions and/or inclusions will be

in the purchase agreement.

B. (1) Leased Or Not Owned Items: The following items are leased or not owned by Seller:
(Solar power system Alarm system (Propane tank —[_] Water Softener
|] Other

(2) Liened items: The following items have been financed and a lien has been placed on the Property to secure payment:

Solar power system [Windows or doors (JHeating/Ventilation/Air conditioning system

Other

Seller will provide to Buyer, as part of the sales agreement, copies of lease do

pay for any such leased or liened item.

5. MULTIPLE LISTING SERVICE:

A. Broker is a participant/subscriber to __—s Samear MLSlistings. Multiple Listing Service (MLS) and possibly others. Unless
otherwise instructed in writing the Property will be listed with the MLS(s) specified above. That MLS is (or if checked [_Jis not) the
primary MLS for the geographic area of the Property. All terms of the transaction, including sales price and financing, if applicable,
(i) will be provided to the MLS in which the property is listed for publication, dissemination and use by persons and entities on terms
approved by the MLS and (ii) may be provided to the MLS even if the Property was not listed with the MLS. Seller consents to
Broker providing a copy of this listing agreement to the MLS if required by the MLS.

ents, or other documents obligating Seller to

BENEFITS OF USING THE MLS; IMPACT OF OPTING OUT OF THE MLS; PRESENTING ALL OFFERS

WHAT IS AN MLS? The MLS is a database of properties for sale that is available and disseminated to and accessible by all other real
estate agents who are participants or subscribers to the MLS. Property information submitted to the MLS describes the price, terms and
conditions under which the Seller's property is offered for sale (including but not limited to the listing broker's offer of compensation to
| other brokers). It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to the
| MLS. The MLS may also be part of a reciprocal agreement to which other multiple listing services belong. Real estate agents belonging
to other multiple listing services that have reciprocal agreements with the MLS also have access to the information submitted to the
MLS. The MLS may further transmit listing information to Internet sites that post property listings ontine.

brokers (and their potential buyer clients) who are participants or subscribers to the MLS or a reciprocating MLS.

| referred to above is accessible to alll eligible real estate licensees and provides broad exposure for a listed property. Private or closed
| listing clubs or groups of licensees may have been formed outside the MLS. Private or closed listing clubs or groups are accessible to a
more limited number of licensees and generally offer less exposure for listed property. Whether listing property through a closed, private
network - and excluding It from the MLS - is advantageous or disadvantageous to a seller, and why, should be discussed with the agent

| taking the Sellers listing.

| Neighborhood, may not be aware the Property is for sale.
| OPTING OUT OF MLS: If Seller elects to exclude the Property from the MLS, Seller understands and acknowledges that: (a) real

Internet sites that are used by the public to search for property listings; (c) real estate agents, brokers and members of the public may
be unaware of the terms and conditions under which Seller is marketing the Property.

REDUCTION IN EXPOSURE: Any reduction in exposure of the Property may lower the number of offers and negatively impact the
sales price.

Broker written instructions to the contrary.

Seller's initia (

f tae
Broker's/Agent's Initials (__.

| EXPOSURE TO BUYERS THROUGH MLS: Listing property with an MLS exposes a seller's Property to all real estate agents and i

CLOSED/PRIVATE LISTING CLUBS OR GROUPS: Closed or private listing clubs or groups are not the same as the MLS. The MLS__

NOT LISTING PROPERTY IN A LOCAL MLS: If the Property is listed in an MLS which does not cover the geographic area where the |
' Property is located then real estate agents and brokers working that territory, and Buyers they represent looking for property in the |

| estate agents and brokers from other real estate offices, and their buyer clients, who have access to that MLS may not be aware that |
Seller's Property is offered for sale; (b) Information about Seller's Property will not be transmitted from the MLS to various real estate |

PRESENTING ALL OFFERS: Seller understands that Broker must present all offers received for Seller's Property unless Seller gives |

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Seller's Initials ( JD to) (=)
RLA REVISED 12/18 (PAGE 2 OF 5) Buneare

RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 2 OF 5)
Produced with zipForm® by zipLogix 18070 Fileen Mile Road, Fraser, Michigan 48026 ww.ziplogix.com Bruce Foggy,DocuSign Envelope ID: 8E755513-8C77-454F-818D-A6F01E87040B

Property Address: 1838 and 1820 Alabama Street, San Francisco, Ca. 94110 _... Date: 04/24/2020

B. MLS rules generally provide that residential real property and vacant lot listings be submitted to the MLS within 2 days or some
other period of time after all necessary signatures have been obtained on the listing agreement. Broker will not have to submit this
listing to the MLS if, within that time, Broker submits to the MLS an appropriate form signed by Seller.

(Seller elects to exclude the Property from the MLS as. provided by C.A.R. Form SELM or the local equivalent form.

C. MLS rules allow MLS data to be made available by the MLS to additional Internet sites unless Broker gives the MLS instructions to

the contrary. Seller acknowledges that for any of the below opt-out instructions to be effective, Seller must make them on a separate

instruction to Broker signed by Seller. Specific information that can be excluded from the Internet as permitted by (or in accordance
with) the MLS is as follows:

(1) Property Availability On The MLS; Address On the MLS: Seller can instruct Broker to have the MLS not display the Property

or the Property address on the internet. Seller understands that either of these opt-outs would mean consumers searching for

listings on the Internet may not see the Property or Property's address in response to their search.

(2) Feature Opt-Outs: Seller can instruct Broker to advise the MLS that Seller does not want visitors to MLS Participant or

Subscriber Websites or Electronic Displays that display the Property listing to have the features below. Seller understands (i) that

these opt-outs apply only to Websites or Electronic Displays of MLS Participants and Subscribers who are real estate broker and

agent members of the MLS; (ii) that other Internet sites may or may not have the features set forth herein; and (iii) that neither

Broker nor the MLS may have the ability to contro! or block such features on other Internet sites,

(a) Comments And Reviews: The ability to write comments or reviews about the Property on those sites; or the ability to link to

another site containing such comments or reviews if the link is in immediate conjunction with the Property display.

(b) Automated Estimate Of Value: The ability to create an automated estimate of value or to link to another site containing such

an estimate of value if the link is in immediate conjunction with the Property display. CsSelter elects to opt out of certain Internet

features as provided by C.A.R. Form SELI or the local equivalent form.

SELLER REPRESENTATIONS: Seller represents that, unless otherwise specified in writing, Seller is unaware of: (i) any Notice of

Default recorded against the Property; (ii) any delinquent amounts due under any loan secured by, or other obligation affecting, the

Property; (iii) any bankruptcy, insolvency or similar proceeding affecting the Property; (iv) any litigation, arbitration, administrative

action, government investigation or other pending or threatened action that affects or may affect the Property or Seller's ability to

transfer it; and (v) any current, pending or proposed special assessments affecting the Property. Seller shall promptly notify Broker
in writing if Seller becomes aware of any of these items during the Listing Period or any extension thereof.

BROKER'S AND SELLER'S DUTIES:

A. Broker agrees to exercise reasonable effort and due diligence to achieve the purposes of this Agreement. Unless Seller gives
Broker written instructions to the contrary, Broker is authorized, but not required, to (i) order reports and disclosures including
those specified in 7C as necessary, (ii) advertise and market the Property by any method and in any medium selected by
Broker, including MLS and the Internet, and, to the extent permitted by these media, control the dissemination of the information
submitted to any medium; and (iii) disclose to any real estate licensee making an inquiry the receipt of any offers on the Property
and the offering price of such offers.

B. Seller agrees to consider offers presented by Broker, and to act in good faith to accomplish the sale of the Property by, among
other things, making the Property available for showing at reasonable times and, subject to paragraph 3F, referring to Broker all
inquiries of any party interested in the Property. Seller is responsible for determining at what price to list and sell the Property,

C. Investigations and Reports: Seller agrees, within 5 (or__) Days of the beginning date of this Agreement, to pay for the following

Poe reports: [_] Structural Pest Control [General Property Inspection [_]Homeowners Association Documents

Other .

Seller further agrees to indemnify, defend and hold Broker harmless from all claims, disputes, litigation, judgments attorney fees

and costs arising from any incorrect or incomplete information supplied by Seller, or from any material facts that Seller knows

but fails to disclose including dangerous or hidden conditions on the Property.

8. DEPOSIT: Broker is authorized to accept and hold on Seller's behalf any deposits to be applied toward the purchase price.

9. AGENCY RELATIONSHIPS:

A. Disclosure: The Seller acknowledges receipt of a [x] “Disclosure Regarding Real Estate Agency Relationships” (C.A.R. Form AD).

B. Seller Representation: Broker shall represent Seller in any resulting transaction, except as specified in paragraph 3F.

C. Possible Dual Agency With Buyer: Depending upon the circumstances, it may be necessary or appropriate for Broker to act
as an agent for both Seller and buyer, exchange party, or one or more additional parties (“Buyer”), Broker shall, as soon as
practicable, disclose to Seller any election to act as a dual agent representing both Seller and Buyer. If a Buyer is procured
directly by Broker or an associate-licensee in Broker's firm, Seller hereby consents to Broker acting as a dual agent for Seller
and Buyer. In the event of an exchange, Seller hereby consents to Broker collecting compensation from additional parties for
services rendered, provided there is disclosure to all parties of such agency and compensation. Seller understands and agrees
that: a dual agent may not, without the express permission of the respective party, disclose to the other party confidential
information, including, but not limited to, facts relating to either the Buyer's or Seller's financial Position, motivations, bargaining
Position, or other personal information that may impact price, including the Seller's willingness to accept a price less than the
listing price or the Buyer's willingness to pay a price greater than the price offered; and except as set forth above, a dual agent is
obligated to disclose known facts materially affecting the value or desirability of the Property to both parties,

6.

7.

9

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Seller's Initials Ce Ie )
RLA REVISED 12/18 (PAGE 3 OF 5)

RESIDENTIAL LISTING AGREEMENT - EXCLUSIVE (RLA PAGE 3 OF 5)
Produced with zipForm® by zipLogix 1070 Fiteen Mile Road, Fraser, Michigan 48026 yowziplogia.com Bruce Foss,

(DocuSign Envelope ID: 8£755513-BC77-454F-818D-A6F01E87040B

Property Address: 1838 and 1820 Alabama Street, San Francisco, Ca. 94110 Date: 04/24/2020
D. Confirmation: Broker shall confirm the agency relationship described above, or as modified, in writing, prior to or concurrent

with Seller's execution of a purchase agreement.

E. Potentially Competing Seflers and Buyers: Seller understands that Broker may have or obtain listings on other properties,
and that potential buyers may consider, make offers on, or purchase through Broker, property the same as or similar to Seller's
Property. Seller consents to Broker's representation of sellers and buyers of other properties before, during and after the end of
this Agreement. Seller acknowledges receipt of a [X| “Possible Representation of More than One Buyer or Seller - Disclosure and
Consent” (C.A.R. Form PRBS).

10. SECURITY, INSURANCE, SHOWINGS, AUDIO AND VIDEO: Broker is not responsible for loss of or damage to personal or real
property, or person, whether attributable to use of a keysafe/lockbox, a showing of the Property, or otherwise. Third parties, including,
but not limited to, appraisers, inspectors, brokers and prospective buyers, may have access to, and take videos and photographs of,
the interior of the Property. Seller agrees: (i) to take reasonable precautions to safeguard and protect valuables that might be
accessible during showings of the Property; and (ii) to obtain insurance to protect against these risks. Broker does not maintain
insurance to protect Seller. Persons visiting the Property may not be aware that they could be recorded by audio or visual devices
installed by Seller (such as "nanny cams” and hidden security cameras). Seller is advised to post notice disclosing the existence of
security devices.

11, PHOTOGRAPHS AND INTERNET ADVERTISING:

A. In order to effectively market the Property for sale it is often necessary to provide photographs, virtual tours and other media to
buyers. Seller agrees (or [_]if checked, does not agree) that Broker may photograph or otherwise electronically capture images
of the exterior and interior of the Property (“Images”) for static and/or virtual tours of the Property by buyers and others for use
on Broker's website, the MLS, and other marketing materials and sites. Seller acknowledges that once images are placed on the
Intemet neither Broker nor Seller has control over who can view such Images and what use viewers may make of the Images, or
how long such Images may remain available on the Internet. Seller further assigns any rights in all Images to the Broker and
agrees that such Images are the property of Broker and that Broker may use such Images for advertising, including post sale
and for Broker's business in the future.

B, Seller acknowledges that prospective buyers and/or other persons coming onto the property may take photographs, videos or
other images of the property. Seller understands that Broker does not have the ability to control or block the taking and use of
Images by any such persons. (If checked ) [] Seller instructs Broker to publish in the MLS that taking