Preview
28
Solan & Park LLP
ELECTRONICALLY
Sheila K. Robello, Esq. (SBN 209300)
Solan, Park, Robello cunt, ED
es 54 Pine rect. Hoe County of San Francisco
an Francisco, CA 4
Telephone: (415) 777-3300 ioni09/2020
Facsunile: (415) 777-3301 BY: ROBERT WOODS
Deputy Clerk
Attorneys for Petitioner
‘Thomas A. Lucas, Successor Trustee
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
CASE NO. PTR-14-297819
by Fax
EX PARTE APPLICATION FOR AN
ORDER AUTHORIZING TRUSTEE
TO ENTER INTO EXCLUSIVE
LISTING AGREEMENT PURSUANT
TO PROBATE CODE 10150c
IN RE
The Reginald Burke Lucas
Revocable Trust
Date: Ex Parte
Time: 9:00 A.M.
Place: Probate 204
COMES NOW Thomas A. Lucas, Successor Trustee to the Reginald Burke Lucas
Revocable Trust, and respectfully presents this ex parte application for an order
authorizing him to enter into a exclusive listing agreement for the sale of the land locked
undeveloped vacant lots located in Mariposa County in the state of California A.P.N. 015-
140-004 & A.P.N. 015-140-005, with real estate agent Kenneth Buller of C-21 Ditton
Reality in Oakhurst, California, On January 18, 2018 the court authorized petitioner to sell
the property, attached hereto as EXHIBIT A. This ex parte application is only to authorize
the personal representative to enter into the exclusive listing agreement with Kenneth
Buller and is supported by the declaration of Sheila K. Robello, below.
pater M1 heel 4, 2° -
?
~~——-—~Fhoimas A. Lucas,
Successor Trustee
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTO.
AN EXCLUSIVE LIST AGREEMENT PTR-14-29781928
Solan & Park LLP
Solan, Park & Robello
By Sheila K. Robello
f
Dated: 2D Rove \ Vite Leek. Le the
Attorney for Thomas A. Lucas
DECLARATION OF SHEILA K. ROBELLO IN SUPPORT OF EX PARTE
APPLICATION TO ENTER INTO EXCLUSIVE LISTING AGREEMENT
1. I am an attorney licensed to practice before all Courts of the State of
California and am the attorney for petitioner and successor trustee Thomas A. Lucas. I
make this declaration in support of an ex parte application for an order authorizing and
directing the personal representative to enter into an exclusive listing agreement with
Kenneth Buller of C-21 Ditton Reality.
2. Petitioner was confirmed as trustee of the Reginald Burke Lucas Revocable
trust dated May 20, 2015 on May 31, 2017. At all times since, Petitioner has acted and
continues to act in that capacity.
3. Pursuant to court order dated January 18, 2018, Petitioner has authority to sell
the undeveloped, vacant, and land locked property located in Mariposa, Mariposa County,
California and particularly described as:
East. M.D.B.&M., delineated on Map No. 1194, Mariposa County Records.
APN. 015-140-004
The East half of the West half of Lot 7 in Section 21, Township 5 South Range 20
East, M.D.B.&M., as delineated on Map No. 1194, Mariposa Country Records.
TOGETHER WITH a roadway easement of 30 feet in width over and across the
Southerly 30 feet of the West half of the West half of said Lot 7.
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTQ
AN EXCLUSIVE LIST AGREEMENT PTR-14-297819
The West half of the West half of Lot 7 in Section 21, Township 5 South, Range 2028
Solan & Park LIP
APN: 015-140-005
4. Pursuant to Probate Code 10150c, Petitioner now requests authority to enter into
an exclusive listing agreement to list and sell the undeveloped, land locked property with
Kenneth Buller, a licensed California real estate broker with C-21 Ditton Reality.
5. Pursuant to the listing agreement, Kenneth Buller will receive a total
commission of ten percent (10%) of the sale price of the property pursuant to L.R.C 14.56
(b). Based on the realtor’s previous experience and knowledge of the market he
anticipates listing the properties at $75,000.00.
6. A copy of the proposed probate listing agreement is attached hereto and
incorporated herein for all purposes as EXHIBIT B.
7. Petitioner has had difficulty retaining a realtor for the sale of this property. The
property is very rural and is difficult to market due to the weather conditions in winter. It
is also landlocked with no recorded easement. Petitioner interviewed a number of Realtors
who declined the listing. Mr. Buller has reviewed the property and has agreed to attempt
to sell the property for a commission of 10%. A number of other realtor’s have turned
down the listing due to the location of the property and its lack of easy access.
8. Requests for Special Notice. The following individual has filed a request for
special notice.
Laurie Ann Grimm
W274 S122 Kame Terrace, Ct. N,
Waukesha, W1 53188
//
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTQ
AN EYCLIISIVE LICT AGREEMENT DTP.44_9072409. Petitioner alleges that he has no personal or affiliate relationship with
Kenneth Buller an agent at C-21 Ditton Reality.
I declare under penalty of perjury under the laws of California that the
foregoing is true and correct.
Executed this 2 ot day of te Lucy 2020 at Sea Afercide CA,
DALY. LK RRL
SheilaK: Robello, Esq.
Solan, Park, & Robello
oo ON DO FF WDY =
NM NNM DY NY YB NY NY BABA saa a sa a a a a
NO UN FR WH =~ DO DON DOA BwWHYH BO
28
EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTO
Solan & Park LLP AN EXCLUSIVE LIST AGREEMENT PTR-14-297819NY nA uw
ED
County Superine Court
Sheila K. Robello (SBN 209300)
Richard R. Shu (SBN 297074)
Solan, Park & Robello
354 Pine Street, 5" Floor
San Francisco, California 94104
Telephone: (415) 777-3300
Facsimile: (415) 777-3301
Attorneys for Petitioner
Thomas A. Lucas, Successor Trustee
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
In re: Case No.: PTR-14-297819
Related Case No.: PCN-12-295540
ORDER SETTLING AND APPROVING
SECOND REPORT AND ACCOUNT OF
TRUSTEE; ALLOWING PAYMENT OF
The Reginald Burke Lucas Revocable Trust TRUSTEE’S AND ATTORNEYS’ FEES
AND REIMBURSEMENT OF COSTS
ADVANCED; ALLOWING PAYMENT
OF OUTSTANDING
CONSERVATORSHIP FEES;
REDUCING BOND; AND
AUTHORIZING TRUSTEE TO SELL
TRUST REAL PROPERTY AND
AUTHORIZING WAIVER OF
PUBLICATION OF NOTICE OF
INTENTION TO SELL REAL
PROPERTY
Date: January. 17, 2018
Time: 9:00AM
Dept.: 204.
Petitioner Thomas A. Lucas’ Second Report and Account of Trustee: Petition for its
Settlement and Approval; lor Allowance and Payment of Trustce’s and Attorneys’ I’ees and
Reimbursement of Costs Advanced, etc., came on regularly for fearing ‘on this date, the
Honorable Peter 3 . Busch presiding. Having considered the papers on file and good
cause appearing therefor, IT IS ORDERED that:
l. No further notice of this account, report and petition is required;
1
©. (PTR-14-297819)
ORDER SETTLING AND APPROVING SECt
EXHIBIT
1hBown
2. The second report and account of Thomas A. Lucas, trustee of the Reginald Burke
Lucas Revocable Trust, is settled and approved;
3. All reported acts of Thomas A. Lucas, as trustee of the Reginald Burke Lucas
Revocable Trust, are approved and confirmed; ,
4, The sum of $7,270.37 is approved as Thomas A. Lucas’s compensation for
services provided as trustee of the Reginald Burke Lucas Revocable Trust;
5. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust. is
authorized and directed to pay himself, for services rendered as trustee, the sum of $7,270.37:
6. Fees in the sum of $8,650.00 for legal services provided by Solan, Park &
Robello to Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, are
approved; : Ian tla
#23405 inclacking sae fling ts
7. Reimbursement in the amount of $469:55-for costs advanced,is approved and
payable to Solan, Park & Robello. attorneys for Thomas A. Iucas. conservator:
8. Thomas A. Lucas, as trustee of the Reginald Burke ].ucas Revocable ‘Trust. is
£3 934.5C
authorized and directed to pay Solan, Park & Robello the amount of $9;149:5S-being $8,650.00
6234.55"
for legal services provided to Thomas A. Lucas, as trustee, and $469:55 for costs advanced on
behalf of the trust estate;
9, The reimbursements paid during this account period, in the sum of $765.28, by
Thomas A. Lucas, trustee of the Reginald Burke Lucas Revocable Trust, to Solan, Park &
Robello for costs advanced on behalf of the conservatorship are ratified and approved;
10. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is
authorized to pay for any conservator’s fees and conservator’s attorney’s fees and costs which
exceed the assets in the related conservatorship proceeding in San Francisco Superior Court. case
3.
no, PCN-14-295540;
2
o—
ORDER SETTLING AND APPROVING SECOND REPORT AND ACCOUNT OF FRUSTEE, ETC. (PTR-14-297819)
1(lp 7
ll. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is
authorized to sell, subject to court approval, the undeveloped real property located in the County
cubjeck 40 Court cortirwation
of Mariposa, State of California, more particularly described as:
The West half of the West half of Lot 7 in Section 21, Township 5 South, Range
20 East, M.D.B.&M., delineated on Map No. 1194, Mariposa County Records.
APN: 015-140-004
12. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is
authorized to sell, subject to court approval, the undeveloped real property located in the County
gulgect 40 cout cortrniation
of Mariposa, State of California, more particularly described as:
The East half of the West half of Lot 7 in Section 21, Township 5 South, Range
20 East, M.D.B.&M., as delineated on Map No. 1194, Mariposa County Records.
TOGETHER WITH a roadway easement 30 feet in width over and across the
Southerly 30 feet of the West half of the West half-of said Lot 7.
APN: 015-140-005
13. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is
authorized to sell , subject to court approval, the real property located at 3915 IE, Sussex Way.
subject 4o court conbrrnshion .
Fresno, California more particularly described as:
Lot 41 of Tract 1679, Bonadelle Homes No 3, according to the map thereof
recorded December 16, 1957, in Book 19, page 31-of plats, records of said
county.
APN: 436-172-25
1
/
HW
4
3
TC. (PTR-14-297819)
ORDER SETTLING AND APPROVING SECOND REPORT ANID ACCOUNT OF TRUSTEE,SS eR AW eB wH HE
Ce eee Se ee Oo we
S 0 em NY AA KR wD NH =
14. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable ‘Trust. is
authorized to waive publication of notice of intention to sell real property for trust real property.
including property in Mariposa County APN: 015-140-004 and APN: G15-140-005, and property
in Fresno County located at 3915 E. Sussex Way, APN: 436-172-25; and
15. The trustee’s bond is reduced from $922,000.00 by $677,000.00 to $245,000.00.
\b. Status hearing on fleng +he next aut begining fron 6/1 At
75 set for (2219 -
PETER J. BUSCH
JUDGE OF THE SUPERIOR COURT |
DATED: i| {8 b
ORDERED WITHOUT HEARING
4
ETC. (PYR-14-297819)
ORDER SETTLING AND APPROVING SECOND REPORT AND ACCOUNT OF TRUSTEE,CALIFORNIA
a S ASSOCIATY PROBATE ADVISORY
we? c ON FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES
& OF REALTORS® (C.A.R. Form PA, Revised 4/11)
None
The sale of the Property described as (address) Mariposa, CA 95338
pursuant to the attached Probate Purchase Agreement (C.A.R. Form PPA-11), is made under authority of the California
Probate Code. The Seller is not the title owner, but instead is a representative of a probate estate, a guardianship or a
conservatorship. The sale may require a court order. Many obligations imposed upon sellers, particularly sellers of real
property containing one-to-four dwelling units, may not be applicable to the sale of this property. However, even though the
seller is exempt from many obligations, the seller must still comply with many others. Further, any real estate licensee
representing Buyer or Seller in the transaction may have duties independent of the principals. This Advisory is intended to
inform Buyer and Seller of their rights and obligations independent of those established by the attached agreement.
EXEMPTIONS:
41. TDS, NHD, Mello-Roos: Seller is exempt from providing Buyer with the Real Estate Transfer Disclosure Statement
(TDS), Natural Hazard Disclosure Statement (NHD), and a Mello-Roos district lien disclosure, pursuant to California
Civil Code either for "transfers pursuant to court order” or for "transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust."
2. Earthquake Guides: Seller is exempt from providing either a Homeowner's or Commercial Property Owner's Guide to
Earthquake Safety.
3. Smoke Detectors: The sale is exempt from the State requirements that, for single family residences, operable smoke
detectors be in place and that a written statement of compliance be provided to Buyer.
REQUIREMENT:
1. Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the
specific TDS form is not required to be completed. Seller remains obligated to disclose known material facts affecting
the value and desirability of the property.
2. Hazard Zones: Seller is not 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 pursuant to the Public Resources Code, Government Code and United States Code, even though,
pursuant to the Civil Code, the specific NHD form is not required to be completed.
3. Water Heaters: The sale is not exempt from the State requirement that water heaters be properly anchored, braced or
strapped.
4, Lead-based Paint: The Seller is not exempt from the federal obligation to (i) disclose known lead-based paint and
lead-based paint hazards, (ii) provide Buyer copies of reports or studies covering lead-based paint and hazards on the
property, (iii) provide Buyer with the pamphlet "Protect Your Family From Lead In Your Home," and (iv) give Buyer a
10-day opportunity to inspect for lead-based paint and hazards, if the Property contains residential dwelling units and
was constructed prior to 1978.
5. Carbon Monoxide Devices: The sale is not exempt from the State requirements that 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 State Fire Marshall in the dwelling unit if the dwelling
unit has a fossil fuel burning heater or appliance, fireplace, or an attached garage.
6. Data Base Disclosure: The sale is not exempt from the requirement that residential sales contracts contain a notice
regarding the availability of information about registered sex offenders.
7. Tax Withholding: The sale is not exempt from the obligation of the buyer to withhold a portion of the purchase price
under federal law if the transferor is a “foreign person" or under state law if the transferor had a last known street
address outside of California. Federal: For federal purposes, a non-resident alien includes a fiduciary. An administrator
or executor of an estate is treated as a non-resident even if all beneficiaries are citizens or residents of the United
States. State: If the decedent was a California resident at the time of death, the estate is treated as a California
resident regardless of the residency of the executor or administrator.
Buyer's Initials ( )¢ ) Seller's Initials ( )¢ )
© 2008-2011, California Association of REALTORS®, Inc.
PA 4/11 (PAGE 1 OF 2)
PROBATE ADVISORY FOR PROBATE, CONSE}
DIANSHIP PROPERTIES (PA PAGE 1 OF 2)
‘G-21 DITTON REALTY, 40307 Hwy 41 ‘OAKHURST CA 93644
hone: 559.683.7653, Fax: $59,683.2257 Lucas Trust
KENNETH BULLER Produced with zipForm® by zipLo ‘wow zipLoaix.com
EXHIBIT
tabbies’
B_Property Address: None, Mariposa, CA 95338 Date:
8. 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 C.A.R.
Form AVID.
B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and confirmation
forms in the sale of residential property containing one-to-four dwelling units.
OTHER CONSIDERATIONS:
1. Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low flow toilets
or shower heads, or installation of smoke detectors). Local law should be consulted to determine if sales made under
the authority of the California Probate Code are exempt from such requirements.
Death: if the Property is being sold under authority of the Probate Code because of the death of an owner of the
Property and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any
specific questions to the executor or administrator of the estate.
Stock Cooperatives: If the Property is part of a stock cooperative (Co-op), Buyer may be required to seek approval of
the Board or Owner's Association of the Co-op prior to transfer of title. If this is not a contingency of the sale, failure of
Buyer to gain approval of the Co-op board will not provide grounds for cancellation or rescission of the sale.
4, Court Confirmation/Independent Authority:
The representative of a decedent's estate may receive authority to sell the Property under the Independent
Administration of Estates Act (IAEA). In order to do so, the representative must first petition the Probate Court. The
Petition may be made at the time the representative is approved or any other time. Notice of the Petition is given to
heirs, devisees, executors and other interested persons, any of whom may object.
If IAEA authority is granted it may be full or limited. If only limited authority has been granted, the sale must be
confirmed by the court. If full authority has been granted, the representative must first give a notice of the proposed
sale to the devisees and heirs of the decedent and other interested parties. If no objection is received, the sale may
proceed. If any noticed person objects, the sale may require court confirmation. Note: A representative with full
authority has the option of proceeding to court for confirmation even if not required to do so under the Probate Code.
N
»
Date Date
Buyer Seller
Reginald Burke lucas Revocable Trust
Buyer Seller
Thomas A. Lucas Trustee
© 2008-2011, Califomia Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this,
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify
the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who
subscribe to its Code of Ethics...
| Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS®
©, 525 South Virgil Avenue, Los Angeles, California 90020 at
PA 4/11 (PAGE 2 OF 2) vere
PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 2 OF 2)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ywww,ziplogix,com Lanens TreatCALIFORNIA
A PROBATE LISTING ADDENDUM
“S ASSOCIATION
7? OF REALTORS® AND ADVISORY
CT (C.A.R. Form PLA, 12/15)
The following terms and conditions are hereby incorporated in and made a part of the: Residential Listing Agreement,
Other Vacant Land Listing Agreement (‘Listing"),
dated , on property known as None, Mariposa, CA_95338
in which Reginald Burke lucas Revocable Trust, Thomas A. Lucas Trustee is referred to as (“Seller”)
and Century 21 Ditton Realty is referred to as (“Broker”).
1. The Property is part of a probate estate [x] conservatorship [_] guardianship.
2. The Listing Period shall be the shorter of 90 Days or the length of time specified in the Listing.
3. Court confirmation of the sale [X] is required (limited authority), [_] may be required (full authority).
4. Information about this listing will NOT be provided to the MLS specified in the Listing.
5. Compensation specified to Broker and any cooperating broker is subject to any restrictions imposed by the California Probate Code
and the determination of the court.
6. The Dispute Resolution paragraph is deleted in its entirety.
7. The Probate Advisory (C.A.R. Form PA) is attached to this Agreement.
8 Notwithstanding any term in the Listing to the contrary: Seller warrants that title to the Property is as follows: Reginald Burke
Lucas Revocable Trust
The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document.
Seller Date
Reginald Burke lucas Revocable Trust
Seller Date
Thomas A. Lucas Trustee
Real Estate Broker (Listing Firm) C-21 DITTON REALTY DRE Lic. # 00812142
By DRE Lic. # 00867038 Date
KENNETH BULLER
© 2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®, It is not intended to identify
the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS®
who subscribe to its Code of Ethics,
|. ] Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS®
|. §25 South Virgil Avenue, Los Angeles, California 90020
PLA 12/15 (PAGE 1 OF 1) DUAL HOUSING
PROBATE LISTING ADDENDUM AND ADVISORY ( PLA PAGE 1 OF 1 Sromve
(C-21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA 93644 Phone: $59.683.7683, Fax: $59.683.2257 Lueas Tru
KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 _yww.zipLoaix.com’ CALIFORNI
A esoctation PROBATE ADVISORY
es CTATITON | FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES
& OF REALTORS® (C.A.R. Form PA, Revised 4/11)
None
The sale of the Property described as (address) Mariposa, CA_95338
pursuant to the attached Probate Purchase Agreement (C.A.R. Form PPA-11), is made under authority of the California
Probate Code. The Seller is not the title owner, but instead is a representative of a probate estate, a guardianship or a
conservatorship. The sale may require a court order. Many obligations imposed upon sellers, particularly sellers of real
property containing one-to-four dwelling units, may not be applicable to the sale of this property. However, even though the
seller is exempt from many obligations, the seller must still comply with many others. Further, any real estate licensee
representing Buyer or Seller in the transaction may have duties independent of the principals. This Advisory is intended to
inform Buyer and Seller of their rights and obligations independent of those established by the attached agreement.
EXEMPTIONS:
1. TDS, NHD, Mello-Roos: Seller is exempt from providing Buyer with the Real Estate Transfer Disclosure Statement
(TDS), Natural Hazard Disclosure Statement (NHD), and a Mello-Roos district lien disclosure, pursuant to California
Civil Code either for "transfers pursuant to court order" or for "transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.”
2. Earthquake Guides: Seller is exempt from providing either a Homeowner's or Commercial Property Owner's Guide
to Earthquake Safety.
3. Smoke Detectors: The sale is exempt from the State requirements that, for single family residences, operable smoke
detectors be in place and that a written statement of compliance be provided to Buyer.
REQUIREMENTS:
1. Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the
specific TDS form is not required to be completed. Seller remains obligated to disclose known material facts affecting
the value and desirability of the property.
2. Hazard Zones: Seller is not 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 pursuant to the Public Resources Code, Government Code and United States Code, even though,
pursuant to the Civil Code, the specific NHD form is not required to be completed.
3. Water Heaters: The sale is not exempt from the State requirement that water heaters be properly anchored, braced
or
strapped.
4, Lead-based Paint: The Seller is not exempt from the federal obligation to (i) disclose known lead-based paint and
lead-based paint hazards, (ii) provide Buyer copies of reports or studies covering lead-based paint and hazards on the
property, (iii) provide Buyer with the pamphlet "Protect Your Family From Lead In Your Home," and (iv) give Buyer a
10-day opportunity to inspect for lead-based paint and hazards, if the Property contains residential dwelling units and
was constructed prior to 1978.
5. Carbon Monoxide Devices: The sale is not exempt from the State requirements that 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 State Fire Marshall in the dwelling unit if the dwelling
unit has a fossil fuel burning heater or appliance, fireplace, or an attached garage.
6. Data Base Disclosure: The sale is not exempt from the requirement that residential sales contracts contain a notice
regarding the availability of information about registered sex offenders.
7. Tax Withholding: The sale is not exempt from the obligation of the buyer to withhold a portion of the purchase price
under federal law if the transferor is a "foreign person" or under state law if the transferor had a last known street
address outside of California. Federal: For federal purposes, a non-resident alien includes a fiduciary. An administrator
or executor of an estate is treated as a non-resident even if all beneficiaries are citizens or residents of the United
States. State: If the decedent was a California resident at the time of death, the estate is treated as a California
resident regardless of the residency of the executor or administrator.
Buyer's Initials ( ) Sellers Initials (___) C__) bet
C__)
© 2008-2011, California Association of REALTORS®, Inc.
PA 4/11 (PAGE 1 OF 2)
PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 1 OF 2)
C-21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA 93645 Phone: 559.683.7653 Fax. 559.683.2257 Lucas Trust
KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.comProperty Address: None, Mariposa, CA_95338 Date: October 23, 2019
8. 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 C.A.R.
Form AVID.
B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and confirmation
forms in the sale of residential property containing one-to-four dwelling units.
OTHER CONSIDERATIONS:
1. Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low flow toilets
or shower heads, or installation of smoke detectors). Local law should be consulted to determine if sales made under
the authority of the California Probate Code are exempt from such requirements.
2. Death: If the Property is being sold under authority of the Probate Code because of the death of an owner of the
Property and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any
specific questions to the executor or administrator of the estate.
3. Stock Cooperatives: If the Property is part of a stock cooperative (Co-op), Buyer may be required to seek approval
of the Board or Owner's Association of the Co-op prior to transfer of title. If this is not a contingency of the sale, failure
of Buyer to gain approval of the Co-op board will not provide grounds for cancellation or rescission of the sale.
4. Court Confirmation/Independent Authority:
The representative of a decedent's estate may receive authority to sell the Property under the Independent
Administration of Estates Act (IAEA). In order to do so, the representative must first petition the Probate Court. The
Petition may be made at the time the representative is approved or any other time. Notice of the Petition is given to
heirs, devisees, executors and other interested persons, any of whom may object.
If IAEA authority is granted it may be full or limited. If only limited authority has been granted, the sale must be
confirmed by the court. If full authority has been granted, the representative must first give a notice of the proposed
sale to the devisees and heirs of the decedent and other interested parties. If no objection is received, the sale may
proceed. If any noticed person objects, the sale may require court confirmation. Note: A representative with full
authority has the option of proceeding to court for confirmation even if not required to do so under the Probate Code.
Date Date
Buyer Seller
Reginald Burke lucas Revocable Trust
Buyer Seller
Thomas A. Lucas Trustee
‘© 2008-2011, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this
form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR
ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE
TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSG. It is not intended to identify
the user as a REALTOR®. REALTORG is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who
‘subscribe to its Code of Ethics..
E¥ . Published and Distributed by:
Bi). REAL ESTATE BUSINESS SERVICES, LLC.
a subsidiary of the California Association of REALTORS®
ll © . 525 South Virgil Avenue, Los Angeles, California 90020 LS
PA 4/11 (PAGE 2 OF 2) cmon
PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 2 OF 2)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www,ipLoaix.com Lucas TrustjQ CALIFORNIA DISCLOSURE REGARDING
4
aS ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP
GY OF REALTORS® (Seller's Brokerage Firm to Seller)
(As required by the Civil Code)
(C.A.R. Form AD, Revised 12/18)
Li (if checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code
section 2079.13(j), (k) and (I).
When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what
type of agency relationship or representation you wish to have with the agent in the transaction.
SELLER'S AGENT
A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has.
the following affirmative obligations:
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) Aduty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or
within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential
information obtained from the other party that does not involve the affirmative duties set forth above.
BUYER'S AGENT
A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent,
even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for
a Buyer has the following affirmative obligations:
To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer.
To the Buyer and the Seller:
(a) Diligent exercise of reasonable skill and care in performance of the agent's duties.
(b) A duty of honest and fair dealing and good faith.
(c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or
within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential
information obtained from the other party that does not involve the affirmative duties set forth above.
AGENT REPRESENTING BOTH SELLER AND BUYER
A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the
Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer.
In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer:
(a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer.
(b) Other duties to the Seller and the Buyer as stated above in their respective sections.
In representing both Seller and Buyer, 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.
SELLER AND BUYER RESPONSIBILITIES
Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is
representing you exclusively in the transaction or acting as dual agent. Please pay attention to that confirmation to make sure it accurately
reflects your understanding of your agent's role.
The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own
interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate
agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional.
If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are
known to you or within your diligent attention and observation.
Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax
consequences of a transaction can be complex and subject to change.
Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in
the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You
should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific
transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page
2. Read it carefully. IWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE
PRINTED ON THE BACK (OR A SEPARATE PAGE).
(iBuyer [Xj Seller [] Landlord (] Tenant Date
Reginald Burke lucas Revocable Trust
(CiBuyer [Seller Landlord [7] Tenant Date
Thomas A, Lucas Trustee
Agent C-21 DITTON REALTY DRE Lic. # 00812142
Real Estate Broker (Firm)
By DRE Lic. # 00867038 Date
(Salesperson or Broker-Associate, if any) KENNETH BULLER
© 1991-2018, California Association of REALTORS®, Inc.
AD REVISED 12/18 (PAGE 1 OF 2) oa
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2)
C21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA93644 Phone: 559.683.7653 Fax 559.683.2257 Lucas Trust ]
KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 _ywww.zipLoaix.comCIVIL CODE SECTIONS 2079.13 — 2079.24 (2079.16 APPEARS ON THE FRONT)
2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings:
{a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed
as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license
a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or
broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not
a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions.
(b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent,
or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer”
includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property,
(2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or
(6) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent" means an agent acting, either directly or through a salesperson or broker associate, as agent
for both the seller and the buyer in a real property transaction. (e) “Listing agreement’ means a written contract between a seller of real property and an agent,
by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license
is required to the seller pursuant to the terms of the agreement. (f) “Seller's agent” means a person who has obtained a listing of real property to act as an agent for
compensation.(g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's
agent. (h) ‘Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to
purchase’ means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by
the seller. (j) "Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2)
‘multtiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a
manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when
offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction”
means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a
listing or an offer to purchase. (I) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of
real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the
creation of a leasehold exceeding one year’s duration. (m) "Seller means the transferor in a real property transaction and includes an owner who lists real property
with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another.
“Seller’ includes both a vendor and a lessor of real property. (n) “Buyer's agent” means an agent who represents a buyer in a real property transaction.
2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section
2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller's agent, if
any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as
soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer’s agent shall present the
disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer,
2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign,
and date a written declaration of the facts of the refusal,
2079.16 Reproduced on Page 1 of this AD form.
2079.17(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's
agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a
separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the
seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the
seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or ina
separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller.
CONFIRMATION: The following agency relationships are confirmed for this transaction:
Seller's Brokerage Firm __DO NOT COMPLETE. SAMPLE ONLY License Number
Is the broker of (check one): [] the seller; or (] both the buyer and seller. (dual agent)
Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number
Is (check one): [] the Seller's Agent. (salesperson or broker associate) [_] both the Buyer's and Seller's Agent. (dual agent)
Buyer's Brokerage Firm __DO NOT COMPLETE. SAMPLE ONLY. License Number
Is the broker of (check one): [] the buyer; or [_] both the buyer and seller. (dual agent)
Buyer's Agent DO NOT COMPLETE. SAMPLE ONLY License Number
Is (check one): [] the Buyer's Agent. (salesperson or broker associate) [_] both the Buyer's and Seller's Agent. (dual agent)
(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14, An agent's duty to provide
disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affliated with that broker.
2079.18 (Repealed pursuant to AB-1289)
2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular
agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any
right to any compensation or commission for which an obligation arises as the result 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 from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically
prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with.
2078.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller, (b) A dual
agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information’
means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to
accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or
responsibility of a dual agent to any principal with respect to confidential information other than price.
2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an
agent, that does not, of itself, make that agent a dual agent.
2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act
which is the object of the agency with the written consent of the parties to the agency relationship.
2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees,
subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts
governed by this article or for any breach of a fiduciary duty or a duty of disclosure.
© 1991-2018, California Association of REALTORS®, Inc.
THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY
OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL
ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.
Published and Distributed by:
REAL ESTATE BUSINESS SERVICES, LLC.
*| a subsidiary of the California Association of REALTORS®
|, 525 South Virgil Avenue, Los Angeles, Califomia 80020 arene
AD REVISED 12/18 (PAGE 2 OF 2)
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2)
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwnv.zipLogix.com Lucas Trusta
Sr
A CALTEORNTA VACANT LAND LISTING AGREEMENT
ASSOCIATION (C.A.R. Form VLL, Revised 6/17)
@ OF REALTORS®
Date Prepared:
1. EXCLUSIVE AUTHORIZATION: Reginald Burke lucas Revocable Trust, Thomas A. Lucas Trustee ("Owner")
hereby employs and grants C-21 DITTON REALTY ("Broker") be
Preview
28 Solan & Park LLP ELECTRONICALLY Sheila K. Robello, Esq. (SBN 209300) Solan, Park, Robello cunt, ED es 54 Pine rect. Hoe County of San Francisco an Francisco, CA 4 Telephone: (415) 777-3300 ioni09/2020 Facsunile: (415) 777-3301 BY: ROBERT WOODS Deputy Clerk Attorneys for Petitioner ‘Thomas A. Lucas, Successor Trustee SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO CASE NO. PTR-14-297819 by Fax EX PARTE APPLICATION FOR AN ORDER AUTHORIZING TRUSTEE TO ENTER INTO EXCLUSIVE LISTING AGREEMENT PURSUANT TO PROBATE CODE 10150c IN RE The Reginald Burke Lucas Revocable Trust Date: Ex Parte Time: 9:00 A.M. Place: Probate 204 COMES NOW Thomas A. Lucas, Successor Trustee to the Reginald Burke Lucas Revocable Trust, and respectfully presents this ex parte application for an order authorizing him to enter into a exclusive listing agreement for the sale of the land locked undeveloped vacant lots located in Mariposa County in the state of California A.P.N. 015- 140-004 & A.P.N. 015-140-005, with real estate agent Kenneth Buller of C-21 Ditton Reality in Oakhurst, California, On January 18, 2018 the court authorized petitioner to sell the property, attached hereto as EXHIBIT A. This ex parte application is only to authorize the personal representative to enter into the exclusive listing agreement with Kenneth Buller and is supported by the declaration of Sheila K. Robello, below. pater M1 heel 4, 2° - ? ~~——-—~Fhoimas A. Lucas, Successor Trustee EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTO. AN EXCLUSIVE LIST AGREEMENT PTR-14-29781928 Solan & Park LLP Solan, Park & Robello By Sheila K. Robello f Dated: 2D Rove \ Vite Leek. Le the Attorney for Thomas A. Lucas DECLARATION OF SHEILA K. ROBELLO IN SUPPORT OF EX PARTE APPLICATION TO ENTER INTO EXCLUSIVE LISTING AGREEMENT 1. I am an attorney licensed to practice before all Courts of the State of California and am the attorney for petitioner and successor trustee Thomas A. Lucas. I make this declaration in support of an ex parte application for an order authorizing and directing the personal representative to enter into an exclusive listing agreement with Kenneth Buller of C-21 Ditton Reality. 2. Petitioner was confirmed as trustee of the Reginald Burke Lucas Revocable trust dated May 20, 2015 on May 31, 2017. At all times since, Petitioner has acted and continues to act in that capacity. 3. Pursuant to court order dated January 18, 2018, Petitioner has authority to sell the undeveloped, vacant, and land locked property located in Mariposa, Mariposa County, California and particularly described as: East. M.D.B.&M., delineated on Map No. 1194, Mariposa County Records. APN. 015-140-004 The East half of the West half of Lot 7 in Section 21, Township 5 South Range 20 East, M.D.B.&M., as delineated on Map No. 1194, Mariposa Country Records. TOGETHER WITH a roadway easement of 30 feet in width over and across the Southerly 30 feet of the West half of the West half of said Lot 7. EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTQ AN EXCLUSIVE LIST AGREEMENT PTR-14-297819 The West half of the West half of Lot 7 in Section 21, Township 5 South, Range 2028 Solan & Park LIP APN: 015-140-005 4. Pursuant to Probate Code 10150c, Petitioner now requests authority to enter into an exclusive listing agreement to list and sell the undeveloped, land locked property with Kenneth Buller, a licensed California real estate broker with C-21 Ditton Reality. 5. Pursuant to the listing agreement, Kenneth Buller will receive a total commission of ten percent (10%) of the sale price of the property pursuant to L.R.C 14.56 (b). Based on the realtor’s previous experience and knowledge of the market he anticipates listing the properties at $75,000.00. 6. A copy of the proposed probate listing agreement is attached hereto and incorporated herein for all purposes as EXHIBIT B. 7. Petitioner has had difficulty retaining a realtor for the sale of this property. The property is very rural and is difficult to market due to the weather conditions in winter. It is also landlocked with no recorded easement. Petitioner interviewed a number of Realtors who declined the listing. Mr. Buller has reviewed the property and has agreed to attempt to sell the property for a commission of 10%. A number of other realtor’s have turned down the listing due to the location of the property and its lack of easy access. 8. Requests for Special Notice. The following individual has filed a request for special notice. Laurie Ann Grimm W274 S122 Kame Terrace, Ct. N, Waukesha, W1 53188 // EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTQ AN EYCLIISIVE LICT AGREEMENT DTP.44_9072409. Petitioner alleges that he has no personal or affiliate relationship with Kenneth Buller an agent at C-21 Ditton Reality. I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Executed this 2 ot day of te Lucy 2020 at Sea Afercide CA, DALY. LK RRL SheilaK: Robello, Esq. Solan, Park, & Robello oo ON DO FF WDY = NM NNM DY NY YB NY NY BABA saa a sa a a a a NO UN FR WH =~ DO DON DOA BwWHYH BO 28 EX PARTE APPLICATION FOR AN ORDER AUTHORIZING PERSONAL REPRESENTATIVE TO ENTER INTO Solan & Park LLP AN EXCLUSIVE LIST AGREEMENT PTR-14-297819NY nA uw ED County Superine Court Sheila K. Robello (SBN 209300) Richard R. Shu (SBN 297074) Solan, Park & Robello 354 Pine Street, 5" Floor San Francisco, California 94104 Telephone: (415) 777-3300 Facsimile: (415) 777-3301 Attorneys for Petitioner Thomas A. Lucas, Successor Trustee SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO In re: Case No.: PTR-14-297819 Related Case No.: PCN-12-295540 ORDER SETTLING AND APPROVING SECOND REPORT AND ACCOUNT OF TRUSTEE; ALLOWING PAYMENT OF The Reginald Burke Lucas Revocable Trust TRUSTEE’S AND ATTORNEYS’ FEES AND REIMBURSEMENT OF COSTS ADVANCED; ALLOWING PAYMENT OF OUTSTANDING CONSERVATORSHIP FEES; REDUCING BOND; AND AUTHORIZING TRUSTEE TO SELL TRUST REAL PROPERTY AND AUTHORIZING WAIVER OF PUBLICATION OF NOTICE OF INTENTION TO SELL REAL PROPERTY Date: January. 17, 2018 Time: 9:00AM Dept.: 204. Petitioner Thomas A. Lucas’ Second Report and Account of Trustee: Petition for its Settlement and Approval; lor Allowance and Payment of Trustce’s and Attorneys’ I’ees and Reimbursement of Costs Advanced, etc., came on regularly for fearing ‘on this date, the Honorable Peter 3 . Busch presiding. Having considered the papers on file and good cause appearing therefor, IT IS ORDERED that: l. No further notice of this account, report and petition is required; 1 ©. (PTR-14-297819) ORDER SETTLING AND APPROVING SECt EXHIBIT 1hBown 2. The second report and account of Thomas A. Lucas, trustee of the Reginald Burke Lucas Revocable Trust, is settled and approved; 3. All reported acts of Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, are approved and confirmed; , 4, The sum of $7,270.37 is approved as Thomas A. Lucas’s compensation for services provided as trustee of the Reginald Burke Lucas Revocable Trust; 5. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust. is authorized and directed to pay himself, for services rendered as trustee, the sum of $7,270.37: 6. Fees in the sum of $8,650.00 for legal services provided by Solan, Park & Robello to Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, are approved; : Ian tla #23405 inclacking sae fling ts 7. Reimbursement in the amount of $469:55-for costs advanced,is approved and payable to Solan, Park & Robello. attorneys for Thomas A. Iucas. conservator: 8. Thomas A. Lucas, as trustee of the Reginald Burke ].ucas Revocable ‘Trust. is £3 934.5C authorized and directed to pay Solan, Park & Robello the amount of $9;149:5S-being $8,650.00 6234.55" for legal services provided to Thomas A. Lucas, as trustee, and $469:55 for costs advanced on behalf of the trust estate; 9, The reimbursements paid during this account period, in the sum of $765.28, by Thomas A. Lucas, trustee of the Reginald Burke Lucas Revocable Trust, to Solan, Park & Robello for costs advanced on behalf of the conservatorship are ratified and approved; 10. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is authorized to pay for any conservator’s fees and conservator’s attorney’s fees and costs which exceed the assets in the related conservatorship proceeding in San Francisco Superior Court. case 3. no, PCN-14-295540; 2 o— ORDER SETTLING AND APPROVING SECOND REPORT AND ACCOUNT OF FRUSTEE, ETC. (PTR-14-297819) 1(lp 7 ll. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is authorized to sell, subject to court approval, the undeveloped real property located in the County cubjeck 40 Court cortirwation of Mariposa, State of California, more particularly described as: The West half of the West half of Lot 7 in Section 21, Township 5 South, Range 20 East, M.D.B.&M., delineated on Map No. 1194, Mariposa County Records. APN: 015-140-004 12. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is authorized to sell, subject to court approval, the undeveloped real property located in the County gulgect 40 cout cortrniation of Mariposa, State of California, more particularly described as: The East half of the West half of Lot 7 in Section 21, Township 5 South, Range 20 East, M.D.B.&M., as delineated on Map No. 1194, Mariposa County Records. TOGETHER WITH a roadway easement 30 feet in width over and across the Southerly 30 feet of the West half of the West half-of said Lot 7. APN: 015-140-005 13. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable Trust, is authorized to sell , subject to court approval, the real property located at 3915 IE, Sussex Way. subject 4o court conbrrnshion . Fresno, California more particularly described as: Lot 41 of Tract 1679, Bonadelle Homes No 3, according to the map thereof recorded December 16, 1957, in Book 19, page 31-of plats, records of said county. APN: 436-172-25 1 / HW 4 3 TC. (PTR-14-297819) ORDER SETTLING AND APPROVING SECOND REPORT ANID ACCOUNT OF TRUSTEE,SS eR AW eB wH HE Ce eee Se ee Oo we S 0 em NY AA KR wD NH = 14. Thomas A. Lucas, as trustee of the Reginald Burke Lucas Revocable ‘Trust. is authorized to waive publication of notice of intention to sell real property for trust real property. including property in Mariposa County APN: 015-140-004 and APN: G15-140-005, and property in Fresno County located at 3915 E. Sussex Way, APN: 436-172-25; and 15. The trustee’s bond is reduced from $922,000.00 by $677,000.00 to $245,000.00. \b. Status hearing on fleng +he next aut begining fron 6/1 At 75 set for (2219 - PETER J. BUSCH JUDGE OF THE SUPERIOR COURT | DATED: i| {8 b ORDERED WITHOUT HEARING 4 ETC. (PYR-14-297819) ORDER SETTLING AND APPROVING SECOND REPORT AND ACCOUNT OF TRUSTEE,CALIFORNIA a S ASSOCIATY PROBATE ADVISORY we? c ON FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES & OF REALTORS® (C.A.R. Form PA, Revised 4/11) None The sale of the Property described as (address) Mariposa, CA 95338 pursuant to the attached Probate Purchase Agreement (C.A.R. Form PPA-11), is made under authority of the California Probate Code. The Seller is not the title owner, but instead is a representative of a probate estate, a guardianship or a conservatorship. The sale may require a court order. Many obligations imposed upon sellers, particularly sellers of real property containing one-to-four dwelling units, may not be applicable to the sale of this property. However, even though the seller is exempt from many obligations, the seller must still comply with many others. Further, any real estate licensee representing Buyer or Seller in the transaction may have duties independent of the principals. This Advisory is intended to inform Buyer and Seller of their rights and obligations independent of those established by the attached agreement. EXEMPTIONS: 41. TDS, NHD, Mello-Roos: Seller is exempt from providing Buyer with the Real Estate Transfer Disclosure Statement (TDS), Natural Hazard Disclosure Statement (NHD), and a Mello-Roos district lien disclosure, pursuant to California Civil Code either for "transfers pursuant to court order” or for "transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust." 2. Earthquake Guides: Seller is exempt from providing either a Homeowner's or Commercial Property Owner's Guide to Earthquake Safety. 3. Smoke Detectors: The sale is exempt from the State requirements that, for single family residences, operable smoke detectors be in place and that a written statement of compliance be provided to Buyer. REQUIREMENT: 1. Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the specific TDS form is not required to be completed. Seller remains obligated to disclose known material facts affecting the value and desirability of the property. 2. Hazard Zones: Seller is not 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 pursuant to the Public Resources Code, Government Code and United States Code, even though, pursuant to the Civil Code, the specific NHD form is not required to be completed. 3. Water Heaters: The sale is not exempt from the State requirement that water heaters be properly anchored, braced or strapped. 4, Lead-based Paint: The Seller is not exempt from the federal obligation to (i) disclose known lead-based paint and lead-based paint hazards, (ii) provide Buyer copies of reports or studies covering lead-based paint and hazards on the property, (iii) provide Buyer with the pamphlet "Protect Your Family From Lead In Your Home," and (iv) give Buyer a 10-day opportunity to inspect for lead-based paint and hazards, if the Property contains residential dwelling units and was constructed prior to 1978. 5. Carbon Monoxide Devices: The sale is not exempt from the State requirements that 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 State Fire Marshall in the dwelling unit if the dwelling unit has a fossil fuel burning heater or appliance, fireplace, or an attached garage. 6. Data Base Disclosure: The sale is not exempt from the requirement that residential sales contracts contain a notice regarding the availability of information about registered sex offenders. 7. Tax Withholding: The sale is not exempt from the obligation of the buyer to withhold a portion of the purchase price under federal law if the transferor is a “foreign person" or under state law if the transferor had a last known street address outside of California. Federal: For federal purposes, a non-resident alien includes a fiduciary. An administrator or executor of an estate is treated as a non-resident even if all beneficiaries are citizens or residents of the United States. State: If the decedent was a California resident at the time of death, the estate is treated as a California resident regardless of the residency of the executor or administrator. Buyer's Initials ( )¢ ) Seller's Initials ( )¢ ) © 2008-2011, California Association of REALTORS®, Inc. PA 4/11 (PAGE 1 OF 2) PROBATE ADVISORY FOR PROBATE, CONSE} DIANSHIP PROPERTIES (PA PAGE 1 OF 2) ‘G-21 DITTON REALTY, 40307 Hwy 41 ‘OAKHURST CA 93644 hone: 559.683.7653, Fax: $59,683.2257 Lucas Trust KENNETH BULLER Produced with zipForm® by zipLo ‘wow zipLoaix.com EXHIBIT tabbies’ B_Property Address: None, Mariposa, CA 95338 Date: 8. 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 C.A.R. Form AVID. B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and confirmation forms in the sale of residential property containing one-to-four dwelling units. OTHER CONSIDERATIONS: 1. Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low flow toilets or shower heads, or installation of smoke detectors). Local law should be consulted to determine if sales made under the authority of the California Probate Code are exempt from such requirements. Death: if the Property is being sold under authority of the Probate Code because of the death of an owner of the Property and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any specific questions to the executor or administrator of the estate. Stock Cooperatives: If the Property is part of a stock cooperative (Co-op), Buyer may be required to seek approval of the Board or Owner's Association of the Co-op prior to transfer of title. If this is not a contingency of the sale, failure of Buyer to gain approval of the Co-op board will not provide grounds for cancellation or rescission of the sale. 4, Court Confirmation/Independent Authority: The representative of a decedent's estate may receive authority to sell the Property under the Independent Administration of Estates Act (IAEA). In order to do so, the representative must first petition the Probate Court. The Petition may be made at the time the representative is approved or any other time. Notice of the Petition is given to heirs, devisees, executors and other interested persons, any of whom may object. If IAEA authority is granted it may be full or limited. If only limited authority has been granted, the sale must be confirmed by the court. If full authority has been granted, the representative must first give a notice of the proposed sale to the devisees and heirs of the decedent and other interested parties. If no objection is received, the sale may proceed. If any noticed person objects, the sale may require court confirmation. Note: A representative with full authority has the option of proceeding to court for confirmation even if not required to do so under the Probate Code. N » Date Date Buyer Seller Reginald Burke lucas Revocable Trust Buyer Seller Thomas A. Lucas Trustee © 2008-2011, Califomia Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this, form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics... | Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Association of REALTORS® ©, 525 South Virgil Avenue, Los Angeles, California 90020 at PA 4/11 (PAGE 2 OF 2) vere PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 ywww,ziplogix,com Lanens TreatCALIFORNIA A PROBATE LISTING ADDENDUM “S ASSOCIATION 7? OF REALTORS® AND ADVISORY CT (C.A.R. Form PLA, 12/15) The following terms and conditions are hereby incorporated in and made a part of the: Residential Listing Agreement, Other Vacant Land Listing Agreement (‘Listing"), dated , on property known as None, Mariposa, CA_95338 in which Reginald Burke lucas Revocable Trust, Thomas A. Lucas Trustee is referred to as (“Seller”) and Century 21 Ditton Realty is referred to as (“Broker”). 1. The Property is part of a probate estate [x] conservatorship [_] guardianship. 2. The Listing Period shall be the shorter of 90 Days or the length of time specified in the Listing. 3. Court confirmation of the sale [X] is required (limited authority), [_] may be required (full authority). 4. Information about this listing will NOT be provided to the MLS specified in the Listing. 5. Compensation specified to Broker and any cooperating broker is subject to any restrictions imposed by the California Probate Code and the determination of the court. 6. The Dispute Resolution paragraph is deleted in its entirety. 7. The Probate Advisory (C.A.R. Form PA) is attached to this Agreement. 8 Notwithstanding any term in the Listing to the contrary: Seller warrants that title to the Property is as follows: Reginald Burke Lucas Revocable Trust The foregoing terms and conditions are hereby agreed to, and the undersigned acknowledge receipt of a copy of this document. Seller Date Reginald Burke lucas Revocable Trust Seller Date Thomas A. Lucas Trustee Real Estate Broker (Listing Firm) C-21 DITTON REALTY DRE Lic. # 00812142 By DRE Lic. # 00867038 Date KENNETH BULLER © 2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®, It is not intended to identify the user as a REALTOR®. REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ethics, |. ] Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Association of REALTORS® |. §25 South Virgil Avenue, Los Angeles, California 90020 PLA 12/15 (PAGE 1 OF 1) DUAL HOUSING PROBATE LISTING ADDENDUM AND ADVISORY ( PLA PAGE 1 OF 1 Sromve (C-21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA 93644 Phone: $59.683.7683, Fax: $59.683.2257 Lueas Tru KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 _yww.zipLoaix.com’ CALIFORNI A esoctation PROBATE ADVISORY es CTATITON | FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES & OF REALTORS® (C.A.R. Form PA, Revised 4/11) None The sale of the Property described as (address) Mariposa, CA_95338 pursuant to the attached Probate Purchase Agreement (C.A.R. Form PPA-11), is made under authority of the California Probate Code. The Seller is not the title owner, but instead is a representative of a probate estate, a guardianship or a conservatorship. The sale may require a court order. Many obligations imposed upon sellers, particularly sellers of real property containing one-to-four dwelling units, may not be applicable to the sale of this property. However, even though the seller is exempt from many obligations, the seller must still comply with many others. Further, any real estate licensee representing Buyer or Seller in the transaction may have duties independent of the principals. This Advisory is intended to inform Buyer and Seller of their rights and obligations independent of those established by the attached agreement. EXEMPTIONS: 1. TDS, NHD, Mello-Roos: Seller is exempt from providing Buyer with the Real Estate Transfer Disclosure Statement (TDS), Natural Hazard Disclosure Statement (NHD), and a Mello-Roos district lien disclosure, pursuant to California Civil Code either for "transfers pursuant to court order" or for "transfers by a fiduciary in the course of the administration of a decedent's estate, guardianship, conservatorship, or trust.” 2. Earthquake Guides: Seller is exempt from providing either a Homeowner's or Commercial Property Owner's Guide to Earthquake Safety. 3. Smoke Detectors: The sale is exempt from the State requirements that, for single family residences, operable smoke detectors be in place and that a written statement of compliance be provided to Buyer. REQUIREMENTS: 1. Disclosures: Seller is not exempt from common law and statutory duties concerning fraud and deceit, even though the specific TDS form is not required to be completed. Seller remains obligated to disclose known material facts affecting the value and desirability of the property. 2. Hazard Zones: Seller is not 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 pursuant to the Public Resources Code, Government Code and United States Code, even though, pursuant to the Civil Code, the specific NHD form is not required to be completed. 3. Water Heaters: The sale is not exempt from the State requirement that water heaters be properly anchored, braced or strapped. 4, Lead-based Paint: The Seller is not exempt from the federal obligation to (i) disclose known lead-based paint and lead-based paint hazards, (ii) provide Buyer copies of reports or studies covering lead-based paint and hazards on the property, (iii) provide Buyer with the pamphlet "Protect Your Family From Lead In Your Home," and (iv) give Buyer a 10-day opportunity to inspect for lead-based paint and hazards, if the Property contains residential dwelling units and was constructed prior to 1978. 5. Carbon Monoxide Devices: The sale is not exempt from the State requirements that 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 State Fire Marshall in the dwelling unit if the dwelling unit has a fossil fuel burning heater or appliance, fireplace, or an attached garage. 6. Data Base Disclosure: The sale is not exempt from the requirement that residential sales contracts contain a notice regarding the availability of information about registered sex offenders. 7. Tax Withholding: The sale is not exempt from the obligation of the buyer to withhold a portion of the purchase price under federal law if the transferor is a "foreign person" or under state law if the transferor had a last known street address outside of California. Federal: For federal purposes, a non-resident alien includes a fiduciary. An administrator or executor of an estate is treated as a non-resident even if all beneficiaries are citizens or residents of the United States. State: If the decedent was a California resident at the time of death, the estate is treated as a California resident regardless of the residency of the executor or administrator. Buyer's Initials ( ) Sellers Initials (___) C__) bet C__) © 2008-2011, California Association of REALTORS®, Inc. PA 4/11 (PAGE 1 OF 2) PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 1 OF 2) C-21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA 93645 Phone: 559.683.7653 Fax. 559.683.2257 Lucas Trust KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLogix.comProperty Address: None, Mariposa, CA_95338 Date: October 23, 2019 8. 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 C.A.R. Form AVID. B. Agency: The sale is not exempt from the obligation to provide agency relationship disclosure and confirmation forms in the sale of residential property containing one-to-four dwelling units. OTHER CONSIDERATIONS: 1. Local Law: Local law may impose obligations on the transfer of real property (such as the installation of low flow toilets or shower heads, or installation of smoke detectors). Local law should be consulted to determine if sales made under the authority of the California Probate Code are exempt from such requirements. 2. Death: If the Property is being sold under authority of the Probate Code because of the death of an owner of the Property and if Buyer has concerns about the manner, location or details of the death, then Buyer should direct any specific questions to the executor or administrator of the estate. 3. Stock Cooperatives: If the Property is part of a stock cooperative (Co-op), Buyer may be required to seek approval of the Board or Owner's Association of the Co-op prior to transfer of title. If this is not a contingency of the sale, failure of Buyer to gain approval of the Co-op board will not provide grounds for cancellation or rescission of the sale. 4. Court Confirmation/Independent Authority: The representative of a decedent's estate may receive authority to sell the Property under the Independent Administration of Estates Act (IAEA). In order to do so, the representative must first petition the Probate Court. The Petition may be made at the time the representative is approved or any other time. Notice of the Petition is given to heirs, devisees, executors and other interested persons, any of whom may object. If IAEA authority is granted it may be full or limited. If only limited authority has been granted, the sale must be confirmed by the court. If full authority has been granted, the representative must first give a notice of the proposed sale to the devisees and heirs of the decedent and other interested parties. If no objection is received, the sale may proceed. If any noticed person objects, the sale may require court confirmation. Note: A representative with full authority has the option of proceeding to court for confirmation even if not required to do so under the Probate Code. Date Date Buyer Seller Reginald Burke lucas Revocable Trust Buyer Seller Thomas A. Lucas Trustee ‘© 2008-2011, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORSG. It is not intended to identify the user as a REALTOR®. REALTORG is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who ‘subscribe to its Code of Ethics.. E¥ . Published and Distributed by: Bi). REAL ESTATE BUSINESS SERVICES, LLC. a subsidiary of the California Association of REALTORS® ll © . 525 South Virgil Avenue, Los Angeles, California 90020 LS PA 4/11 (PAGE 2 OF 2) cmon PROBATE ADVISORY FOR PROBATE, CONSERVATORSHIP AND GUARDIANSHIP PROPERTIES (PA PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www,ipLoaix.com Lucas TrustjQ CALIFORNIA DISCLOSURE REGARDING 4 aS ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP GY OF REALTORS® (Seller's Brokerage Firm to Seller) (As required by the Civil Code) (C.A.R. Form AD, Revised 12/18) Li (if checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(j), (k) and (I). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has. the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) Aduty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A Buyer's agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more salespersons and broker associates, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, 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. SELLER AND BUYER RESPONSIBILITIES Either the purchase agreement or a separate document will contain a confirmation of which agent is representing you and whether that agent is representing you exclusively in the transaction or acting as dual agent. Please pay attention to that confirmation to make sure it accurately reflects your understanding of your agent's role. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. If you are a Buyer, you have the duty to exercise reasonable care to protect yourself, including as to those facts about the property which are known to you or within your diligent attention and observation. Both Sellers and Buyers should strongly consider obtaining tax advice from a competent professional because the federal and state tax consequences of a transaction can be complex and subject to change. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. IWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). (iBuyer [Xj Seller [] Landlord (] Tenant Date Reginald Burke lucas Revocable Trust (CiBuyer [Seller Landlord [7] Tenant Date Thomas A, Lucas Trustee Agent C-21 DITTON REALTY DRE Lic. # 00812142 Real Estate Broker (Firm) By DRE Lic. # 00867038 Date (Salesperson or Broker-Associate, if any) KENNETH BULLER © 1991-2018, California Association of REALTORS®, Inc. AD REVISED 12/18 (PAGE 1 OF 2) oa DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) C21 DITTON REALTY, 40307 Hwy 41 OAKHURST CA93644 Phone: 559.683.7653 Fax 559.683.2257 Lucas Trust ] KENNETH BULLER Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 _ywww.zipLoaix.comCIVIL CODE SECTIONS 2079.13 — 2079.24 (2079.16 APPEARS ON THE FRONT) 2079.13. As used in Sections 2079.7 and 2079.14 to 2079.24, inclusive, the following terms have the following meanings: {a) “Agent” means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. The agent in the real property transaction bears responsibility for that agent's salespersons or broker associates who perform as agents of the agent. When a salesperson or broker associate owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the salesperson or broker associate functions. (b) “Buyer” means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. “Buyer” includes vendee or lessee of real property. (c) “Commercial real property” means all real property in the state, except (1) single-family residential real property, (2) dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, (3) a mobilehome, as defined in Section 798.3, (4) vacant land, or (6) a recreational vehicle, as defined in Section 799.29. (d) “Dual agent" means an agent acting, either directly or through a salesperson or broker associate, as agent for both the seller and the buyer in a real property transaction. (e) “Listing agreement’ means a written contract between a seller of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer, including rendering other services for which a real estate license is required to the seller pursuant to the terms of the agreement. (f) “Seller's agent” means a person who has obtained a listing of real property to act as an agent for compensation.(g) “Listing price” is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the seller's agent. (h) ‘Offering price” is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (i) "Offer to purchase’ means a written contract executed by a buyer acting through a buyer's agent that becomes the contract for the sale of the real property upon acceptance by the seller. (j) "Real property” means any estate specified by subdivision (1) or (2) of Section 761 in property, and includes (1) single-family residential property, (2) ‘multtiunit residential property with more than four dwelling units, (3) commercial real property, (4) vacant land, (5) a ground lease coupled with improvements, or (6) a manufactured home as defined in Section 18007 of the Health and Safety Code, or a mobilehome as defined in Section 18008 of the Health and Safety Code, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (k) “Real property transaction” means a transaction for the sale of real property in which an agent is retained by a buyer, seller, or both a buyer and seller to act in that transaction, and includes a listing or an offer to purchase. (I) “Sell,” “sale,” or “sold” refers to a transaction for the transfer of real property from the seller to the buyer and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year’s duration. (m) "Seller means the transferor in a real property transaction and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. “Seller’ includes both a vendor and a lessor of real property. (n) “Buyer's agent” means an agent who represents a buyer in a real property transaction. 2079.14. A seller's agent and buyer's agent shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and shall obtain a signed acknowledgment of receipt from that seller and buyer, except as provided in Section 2079.15, as follows: (a) The seller's agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The buyer's agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase. If the offer to purchase is not prepared by the buyer's agent, the buyer’s agent shall present the disclosure form to the buyer not later than the next business day after receiving the offer to purchase from the buyer, 2079.15. In any circumstance in which the seller or buyer refuses to sign an acknowledgment of receipt pursuant to Section 2079.14, the agent shall set forth, sign, and date a written declaration of the facts of the refusal, 2079.16 Reproduced on Page 1 of this AD form. 2079.17(a) As soon as practicable, the buyer’s agent shall disclose to the buyer and seller whether the agent is acting in the real property transaction as the buyer's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the buyer's agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the seller's agent shall disclose to the seller whether the seller’s agent is acting in the real property transaction as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or ina separate writing executed or acknowledged by the seller and the seller's agent prior to or coincident with the execution of that contract by the seller. CONFIRMATION: The following agency relationships are confirmed for this transaction: Seller's Brokerage Firm __DO NOT COMPLETE. SAMPLE ONLY License Number Is the broker of (check one): [] the seller; or (] both the buyer and seller. (dual agent) Seller's Agent DO NOT COMPLETE. SAMPLE ONLY License Number Is (check one): [] the Seller's Agent. (salesperson or broker associate) [_] both the Buyer's and Seller's Agent. (dual agent) Buyer's Brokerage Firm __DO NOT COMPLETE. SAMPLE ONLY. License Number Is the broker of (check one): [] the buyer; or [_] both the buyer and seller. (dual agent) Buyer's Agent DO NOT COMPLETE. SAMPLE ONLY License Number Is (check one): [] the Buyer's Agent. (salesperson or broker associate) [_] both the Buyer's and Seller's Agent. (dual agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14, An agent's duty to provide disclosure and confirmation of representation in this section may be performed by a real estate salesperson or broker associate affliated with that broker. 2079.18 (Repealed pursuant to AB-1289) 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result 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 from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2078.21 (a) A dual agent may not, without the express permission of the seller, disclose to the buyer any confidential information obtained from the seller, (b) A dual agent may not, without the express permission of the buyer, disclose to the seller any confidential information obtained from the buyer. (c) “Confidential information’ means facts relating to the client's financial position, motivations, bargaining position, or other personal information that may impact price, such as the seller is willing to accept a price less than the listing price or the buyer is willing to pay a price greater than the price offered. (d) This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a seller's agent from also being a buyer's agent. If a seller or buyer in a transaction chooses to not be represented by an agent, that does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. © 1991-2018, California Association of REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, LLC. *| a subsidiary of the California Association of REALTORS® |, 525 South Virgil Avenue, Los Angeles, Califomia 80020 arene AD REVISED 12/18 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwnv.zipLogix.com Lucas Trusta Sr A CALTEORNTA VACANT LAND LISTING AGREEMENT ASSOCIATION (C.A.R. Form VLL, Revised 6/17) @ OF REALTORS® Date Prepared: 1. EXCLUSIVE AUTHORIZATION: Reginald Burke lucas Revocable Trust, Thomas A. Lucas Trustee ("Owner") hereby employs and grants C-21 DITTON REALTY ("Broker") be