Preview
® «
GERALD LAU (SBN 209301)
PRUDENTIA LAW CORPORATION ‘207 EYED
533. Airport Blvd., Suite 400
Burlingame, CA. 94010 CLERYD)
Telephone (650) 268-8128 SUP 3 Fl HE COURT
Facsimile: (650) 434-5688
Email: gerald@prudentialaw.com & ey i F SANTA CLARA
CEBUTY
Attorneys for.Defendant a?
Vietnam Town Condominium Owners Association
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
,
10 SAN FRANCISCO PIZZA INC., TAN CASE NO, 17CV318151
NGUYEN, NGHIA NGUYEN, and KIM
11 THUY HO DECLARATION OF JEFF VO IN
OPPOSITION TO PLAINTIFFS’ EX
12 Plaintifi/Petitioner, PARTE APPLICATION FOR A TRO AND
Ee
Ze
AN OSC TO SHOW CAUSE RE
13 Vv PRELIMINARY INJUNCTION
mae
14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017
a OWNERS ASSOCIATION, MATRIX
one 15 ASSOCIATION MAN. |AGEMENT, Time: 9AM.
JOSEPH NGUYEN, LAP T. TANG,
Dept. TBD
©
16 MICHAEL JOHNSON, DAVID
ALVARADO, and‘Does 1 thru 10,
17 inclusive Judge: TBD
18 Defendants/Respondents
19
20 I, Jeff Vo, declare:
21 i Tam one of the'real ‘estate brokers for Vietnam Town Property, LLC (“Vietnam
”) and am aresident of San Jose, California.
23 2. The maiters stated herein are’known to me personally, and if called and swom as a
24 witness I could competently testify thereto.
25 3 T was involved in the sale of'unit 9015 by Vietnam Town to Tan Nguyen.
26 4 A true.and correct copy of the purchase agreement is attached hereto.as Exhibit A.
27 5 Michael Johnson was the broker representing Tan Nguyen and I was the broker
28 representing Vietnam Town in the transaction.
-1-
DECLARATION OF JEFF VO
@ @
1 6 Michael Johnson told me that his client, Tan Nguyen, was purchasing unit 9015 in
2 order to open an automobile accessory retail store, and never indicated any alternate intended use.
3 7 T declare under penalty of-perjury under the laws of the State of California that the
4 || foregoing is true and cofrect, and that this declaration was executed at San Jose, California on
fee
5 November 1, 2017.
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DECLARATIONOF JEFF Vo
EXHIBIT A
Apr06 16 11:34a, Doctor vine mnson 2... 4588 p.29
CALIFORNIA DISCLOSURE REGARDING
s ASSOCIATION
OF REALTORS®
REAL ESTATE AGENCY RELATIONSHIP
{Selling Finn to Sefier}
{As required by the Civil. Code)
1 (C.A.R. Form AD, Revised 12/14)
dif checked) This fomn is being provided’ in-conn: ection with
Code sectian 2079,13(k) and (Ij.
a transact ion for a leasehold interest exceeding One year aS per Civil
When you enter into a discussion with a real estate agent
regard 2 real ing
estate iran: isaciion, you should from the outset: understand
what type of agency relatianship or: represeniation you wis!
SELLER'S AGENT
h to have with the agent in the tran: saction,
A Seller's agent under a listing agreem: ient with the Seller
acts as the agent forthe Selier only. A Seller's agent or 2
tre following affirmative obligations: subagent of that agent has
To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller.
To the Buyer and the Selier:
(2) Diligent exercise of reasonable sidil and care in pérformance of
the agent's duties,
{b)
A duty of Honest and fair deal ling and good faith.
{c)
A duty to disclose all facts known to. the agent materfally: affecting the velue or desirabi
within the diligent attention and akservatia in of, the parties. An agent lity of the property that are not known to, or
is not. obligated to reveal to either party any confidential infermation
obtained from the other party that dees ret im volve the affirmative duties set forth absve.
BUYER'S AGENT
A selling agent can, with a Buyer's consent, agree to act as
agent for the Bu yer only. In these situations, the agent is not the
even if by agreement the agent may recai ive compensation for services Seller’s agent,
rendered, eltherin full or in part fromthe Seler. An agent acting anty for
a Buyer has tie following affirmative cbii gations:
To the Buyer: A fiduciary duty of utmost care, integrily, honesty and loyalty in dealings with the Buyer,
To the Buyer and the Seller.
{a) Diligent exercise of reasonable skill and ca: #8 in. performance of
the agent's duties,
{b) Aduty of honest and fair deating and good
faith.
(c) A dutyto disclose all facts known to the agent materially affectin ig the value or desirability of the property that are not known fo, oF
within the diigent attention and cbservation of, the parties.
An agentis net obligated to reveal to ei ither party any canfidential information obtained from the other party that
duties set forth above. does not invoive the affinnative
AGENT REPRESENTING BOTH SELLER AND BUYER
Areal estate agent, either acting directly or through one or more associate
ina transaction, but only with the knowledge and consent of both the Seller and the Buyer. legally be the agent of both the Seller and the Buyer
licensees, can
in a dual agency situation, the agent has the folk lowing affirmative obligations
to soth the Sellar and the Buyer:
(8) A fiduciary duty of utmost care, inte grity, honesty and toyalty tn the dealings with sither the Seller or the Buyer.
(b) Other duties to the Sefler andthe luyeras stated above in their reSpective sections.
in representing both Sellar and Buyer, the agent may not, without the express
permission of ihe respective. party, disclose fo the other partly
that the Seller will accapt 2-price less than the: fisting price or that the Buyer will
pay a price greater than the price offered,
‘The above duties of the agentin a real estate transaction. do not felieve a Seller or Buyer
from the responsibility ta Protect his or her'own
interests. You should carefully read all agreements to assure that th ey adequately
agentis a. person qualified te advise about real astate. If lagal or tax advice is desired,
express your undarstanding of the transaction. A real estate
consult a competent professional.
‘Throughout your real property tansaction you may receive mote than one disclosure form, depending upan the number of agents.assist
the transaction. The law requires each agent with whom you have more than.a casual refationship te present you with this disclosure ing in
should read its contents each time it is-presenied to you, consid ering the relationship form; You
between you and the teal estate agentm your specific
transaction. This.disclosure form includes the provisions ofS: ections 2079.13 to 2079.24,
inclusive, of the Civil Code set forth on page
2. Read it carefully. WWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSUR
E AND THE PORTIONS OF THE-CIVIL CODE
PRINTED ON THE BACK (OR A SEPARATE PAGE}. -
Cc Buyer [i Setter] Landtord Tenant i Ose
WEIR TORI PROPERTY,LLC von ttf 1b
o Buyer []Seler[}Landiord o Tenant,
Agant ON TIME REALTY BRE Lic. #0t876788
al Estate Broker Fan}
By. BRE Lic, #.00892295 Date FEAG/201S
(Salesperson or BrokerAsscciate) MICHAEL JOHNSON
Agency Disclosure Compliance (Civil Code §2079.14):
= When the listing brokerage company also Tepreserts Buyer/Tenent: The Listing. Agent shall have one AD form signed by Sefer/Landlord and a
differentAD form signed by BuyeTenani.,
» When SelievLandiord and Buyer/Tenant are represented by different brokerage campanies: (i) the Listing Agent shall have one AD form signed
SellerLandiord.and Gi) the Buyer's/Tenant's Agent shall have one AD form sigtéd by,
by
presented io Seller/andlord for signature priorto presar antation of the offer. ihe ‘same form Buyer/Tenant and either that same or a different AD fom
is used, Seller
may sign Here:
DLO} RD: DO NOT SIGN HERI
Seller andlord Bate_ Seller andiord
‘The copyright !aws of the United States {Title 17 LS, Cade} forbid the
unasthorized reproduction of this form, orany parton thereof,
by photncopy
methine or any cthér means, Including facsimile or fizod formats.
Copyrignt © 1961-2010, CALIFORNIA ASSOCIATION OF REALTORS, INC,
ALL RIGHTS RESI
AD REVISED 4244 {PAGE 1 OF 2)
[Reviewed ny Date. i
DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP {AD PAGE 4 OF 2)
Sg Tie Rony}. 989 STORY RD, 0:5 S00 See, 25122 PRONE (SHOT SOS Foxe (40s) <20-4688
18070 Fitey Mile Rage, Framer, icin 48026, yew soLonisce |
: Apr06 18 11:36a Doctor Michae! hnson &., 4588 p.3t
CIVIL CODE SEI ICTIONS 2079.24
{2079.16 APPEARS ON THE. FRONT)
2078.13 As used in Sections 2079.14
Tilo 9 &
to 2079, .24, inclus the fokowing , have the folowing meanings: (a) “Agent* méans @ person acing under provisions of
iveterms
‘with Section 2285) in a seal property transaction, and Includes
with Section 10130) ‘of Part 1 of Division4 of the Busine person:w is foensed
ho asa teal £state bro under
ker Chapter 3 (commencing
ss s: Code, ‘and
Boenses” means a person who is Ecensad as a real asiate-b: roker or selunder whose Boense a fisting Is ‘exeputed oan offerte purchase is obteined. 1b)
and Profession
ofthe Business and Code and who Is either licensed wder @ broker or hasesp ander
ers
entered:
Chapter
on 3 (oo mmancing with Section 19120) of Part 7 of ‘Division 4
‘written econlract with a. broker to act athe broker's agent in
Sonneetion with acts requiting areal ‘estate tleense-an to functi
d ion under the broker's supervisio
Properly ransaction bears responsibilty. for bis or her assocista lice n Capacity, of an-associaie Ecansea. The agent in the real
in the
principal, or to any buyer or seler vio nsee
who parform
s as agents of the agent. When an associate Ecensee awes a duly to any
is not a principal,
lcensea frictions. (e} "uyer” ‘eans.a transfereein a inteala realproperty transaction, that duty Is equivate:nt to the duly owed
property transaction, and inchides a persan who executetesanthalofferpartyto purchase
by thre broker forwhom the
a seller throanugh agent, or whoseteks the services of an agen in more. than = casual,|; teacsitory, real property fom
property fransaction. Inckides vendee or lessee; {0} “Comme
or pretintin lary Manner, ‘with theabject
! of entering imo 2 real
property. dwelling units made subject:in
real pmpenty’
rcial means all reat property in-the stato, except single-family residential real
2 (com with me Section
nc 1940} in
& mobillchomes, 2s defined in Section 788.3, or recreational vehicles, as
of Title
defi in Section
ned 799,28. (e} “Dual agent’ meains an agent acting. either directly or-through g
an 2: ssociate licensee, ‘as agent for boih the sefer
Property transaction. {fj ‘Listing agreement” means a contract between ah owner of real: Property and tha buyer in a real
Property or to find or cbtain a buyer. (g} “Usting agent”. means a person who has obtained a listing
and an agant, by ‘which the agent has been euthorized fo sell the real
price” is the amount expressed in dollars. specified in the fisting of real ‘Pro to act'es
pert an agenty for compensation,
for which the seller is witing to sof the real Property through the fisting agent: (i) “Cfering {h} ‘Listing
amount expressed: in dollars specif an offer to purchase for which the buyer's willing tb buy the real property. {j) “Offer
in ied ioe” Is the
executed by a buyer acting through 2 seling ‘agent thal becomes the contract for the salz of the real to purcha means a writions
se” contract
any, estate specified b y Subdivision. (1) or (2} of Section: 761 in property that constitutes. or
is my
property upon acceptance
proved
by the sella. (k] “Real property” means
with one to four dwelling
any leasehold in. ene year's duration, and mobiichames,wi‘nen offered fer sale or sold theough units, any commercial real propesty.
an agent pursuant to the autho:
contained in Section 10131:6 of the Business and! Cade. (B "Real propesty tran: saction” means 2 ‘Yransaction for-t
45 employed by one or reare of the principals to act in that Fansaction, and inchides saie he
of real prope in rty
which an agent
a.listing or an piferto. Purchase. {in} “Sell,” “sate,” or “sok” refers to.a transaction
for the transfer of real ‘property fram the seller to the. buyer, and Includes exchanges
of seal propery ‘bet the veen
seller and Buyer, transactions for the
Teal property sales contract vithin the meaning of:‘Section 2038,
and transactions for the creation of @’leasehold exceeding one year's duration. (0) “Seller”creation of a
means the
‘Yansieror in 2 real transaeton, and includes an ovmer who fists real property wath an at
purchase real property of ‘which he or sheis the owner from an-agenton behal af another. gent, whether cr not a transfer results, or who receives on aiferta
f “Sefler”
Using agant who acts: alohe,.cr an agent who acts Ii cxoperation with a Biting agent, and who sells otiRctodes both a vendor end a lesSor. {0} “Selling agent’ means a
finds &nd obtains a buyer for the real property, or an egent who
locates property for a buyer er who finds a buyer tor a property for which no:listinexis
g ‘And presents an offer ta purchase fe the seller. {p)
to whom an agent dabegates agi jency powers Bs provided ih Article 5 (commencing jent’. means a
Include an associate licensee who is. acting
with Section 2345) of Chapter 1 af Tile9. However, “subagent” does not
2079.14
under tha supe; vision
of an agantin areal property vensactian,
Listing agents and selling agents shall privide ‘the seller and: buyer ina Teal property transaction with 3. copy of thé disclosure form spacified in Sector
2078.16, end, exer; pt as. provided in subdivicion (o}, shell obtain a signed acinew! igemerd
Section 2079-15, 88 foBows: {a) ‘The Esting agent, if any, Shall provide the disclosure ‘form.to theof seller
recalpt trom that seller or buyer, except as provided in this section or
priorto entering into:the listing agreement. {b) The selfing agent
‘shall provide the.disd priorto presenting
fom to the
osurseffer as e soon 88 practicable
provided the seller with @ copy of the disclosure form pursuant to subdivision the saller with an afer to purchase, ‘urisss the sefing agent previously
disclosure foi prepared: by the selling agent may be Yemistied to the seller(B):(and (¢]actviowiedge
Where the selfing agent dees ‘not deal on a face-to-face
listing agent, or the seling. agent may. defiver the disclosfarm ment of receipt obtained
ureby ‘certified mail’ eddressed to the selter at his or her lastfor known
the selling agent from the seller) by the
acknowledgemen of receiptt is require {d) d.The selling agent shell provide the disclosure form fo the buyer as soon. as practicableadd:vss, in which case no signed
offer bo purchase, except that if Ihe offer to puichase is nol prepared prior to executionof the buyers
by the selling dgent, tie selling agent shall presant the dilisclosura form to the buyer not later than
‘the need busin
day alteress
the selitig agent receives the olferto’ Purchase
from the’
2079.45:in any Grcumstence in which the seller or buyer refuses to sign an acknowi ledgemen of receipt
t pursuant to Section 2079.14, the agent, or an assodiate
ficensee acting for an agent, shall s6t forth, sion, and date a written declaration of the facts of the refusal.
2078.16 Reproduced on Page 7 of thiAD for. .
2079.47 (2) A3. s60n as practicable, the seling agent chal disclose to the buyer and soter whether
the self -agent {8 acting in the real property transaction exclusively 2s
and sell teal property or in a Separate wring exeevied or acknowledged hy both the: buyer and ‘ihe seller. This relationship shail be confimed in the contract to
the buyer's agen, exclusively as the seller's agent, of.as a dual agent
purchase the sefer, tha buyer, and the sefing agent pilor te or coincident with execastion of that
contract by the buyer and the setter, respectively. (b) As soon as practicable, the Esfing agent shall diliscioce to the seller whether the listing agent is acting in the real property
‘transaction exdus 2s ively
the sefer's agent, of as a dual agent ing both the buyer and seller. This relationship shall be confirmed in the contractto purchase and
sell real property orin a separate writing executed or: Jed by the Seliérandthe Esing agent prior to er coincident with the exect of that cancract
ien
{c) ‘The contiimation required by sub cfvisions (e) end (6) ‘shall by the selcr.
be in the following form,
10 NOT COMPLETE, tho. ager of (check ane): [1 the seller exclusively; or Crboth the buyer and sefier.
(Name of Usting Age
BO NOT CO! ONL is the agent of (check one):10 the buyer: ively; or C:the seller exclusively;of
(Name of Selling Agent if jot the sameas the Listing Agent)” ti both the buyer and seller,
{) Thedisclosures and confirmation requi by this
redsection shallbe in additionto the disclosure required by' Section 2079.14.
2079.18 No selling agentin a real property transaction may.ay act as an agent forthe buyer only, when the seling agentis also acting as th sting agentin the transaction.
2979.49 The payment of com pensation oF the obligation to pay compansation to an a| ent by the seller of buyer is not necessarily determinative of a perlicular
agency relationship between an agent end the seller or’buyer. A isting agent and a sel fing agent
may agree to strare any compensation or commissian paid, or
‘any right to any-comp
commission
ensa for whichtion
an abligation .cr
arises as. the result Of areal estate transaction, the tarms.of any such agreement
not necessarily be determinative of a parfcular relationship. shall
‘2078.20 Nothing in this artde prevents an-agent from.selacting, as @ condition of the agent's em} ployment, & specific form of agency refaifonship net specifically
Prohibited by this articie if the requirements of Section 2079.14 4: ind Section 2079:17 are compiled wrth,
2079.24 A dual agent shall not discioss te the buyer thet the: ‘Seller is wiling to sell thé property at a price less than the sting. prise, without the express written consent
of the selter.A dual agent shal not discl to tha ose
seller that:‘he buyer is willng to pay 2 price greater than the offering prica. without the express writtet consent of the
buyer, This section does not alter in any way the duty or responsibiity of a dual agentfe any principal with respect to confidential informatioh other than price,
2079.22 Nothing.in this arfide precudss a listing agent from alse being a selling agent, and the combination. df these functions in one agent does rot, oF itself,
thake that agent a dual agent.
2079.23 A contract between the principal and agent may be.modifiéd of at ered to-change the agency relatichship
Wtiich is the abjectof the agenc at any time befece the performances of tha aot
with the written
y consent of the parties to tthe agency relationshi;
2079.24 Nothing it this article shall be cons te either
true diminish dthe a: iuty of disclosure owed buyers and sellers by sgents and thelr associate foensess,
subagents, and employees or to réfieve agents and their associate license: es, Subagents, dnd employes from
‘governed by this article crfor ony breach of a fuciary Sty or 8 duly ofdisclosure. ability for their conduct in connection with acts
Pubishedand Disiiouledby
REAL ESTATE BUSINESS SERVICES, INC,
Bauaaalaryof the Callens Assocation of REALTORS®
Angeles, Catforis 90020
[ Reviowed by. Dato ] ona
REVISED 12/14 [PAGEEZ OF2}
DISCLOSURE REGARDING REAL ESTATE AGENCY RELA’ ATIONSHIP (AD PAGE 2 OF 2)
Produced with zipFomma: ty zipLogix, 12070 Fincen Mile Reed, Fraser. Michigan 49026
Apr07 16 10:56a _Doctor Micha: hnson 2. 4588 pi
x CALIFORNIA COMMERCIAL PROPERTY PURCHASE AGR
& ASSOCEATION EEMENT
AND JOINT ESCROW INSTRUCTIONS
OF REALTORS® (MON-RESIDENTIAL)
{C-AR, Form CPA, Revised Mia}
Date Pre; spa ared O4f05/2016
- FER:
A. THIS IS AN OFFER FROM
individuals), (_]A Corporation, [A Partnership, [Jan ie, TAN DAINGUYEN (‘Buyer’).
B. . THE REAL PR [Jan LiP,.or] }Other.
be acquired
,
999 Story Rd Unit 9075 7 Situated
©, THE PURCHASE PRIGe Saate Clara
{Caunty), Calfomia, 2512 (Zip2-
Code},46Assessors Parcel No.
offered is Five Hilundred Ninety-Three Thousand, Six Hundred 22 {Property}.
D. CLOSE OF ESCR
shallOWocour Dollars $ 593;600.00
on|_, (Gate) (or xbd
E. Buyer and Sel
are ler
referred to. herein as the “Parties
.” Brokers are not Parties to this Agreemem.
Days Aller Acceptance).
AGENCY:
A. DISCLOSURE: The Parties each acknowledge receipt of a Bk Disclosure Regarding Real Estate Agency Relatio
Form AD) nships” (CAR.
B, CONFIRMATION: The follow! ing agency relationships are hereby
confirm ed for thls transaction:
Listing Agent bain ae HER CIAL
Ixithe Selier exclusively; or| {Print Firm Name) is the agent of (check one):
Selling Agent
©. POTENT j is the agent of (check {Print Firm Name} (if not the same.
one); lusively; or[_| both the Buyer and'Seller.
Y COMPETING BUYERS AND SELLERS: The Patties each
of More'th an One Buyer or Seller- Disclosure ai ind Consent’ (C.AR. Form ac} knowledge receipt of a “Possible Representation
FINANCE TERMS: Buyer represents thal fundswil it be PRBS).
good when deposited with Escrow Holder.
A, INITIAL DEPOSIT: Deposit shall be in the am jount of cette
ee eae tenet eee ee teen seeeee 15,000.00
(1) Buyer: Direct Deposit: Buy ‘er shall. deliver deposit directly to ‘Escrow
transfer Hofder by electranic funds
, [Icashiers check, | personai check, |" Jother.
after Acceptance:(or within 3 business days
OR (2)(].Buyer Deposit with Agent: Buyer. has given the deposit i
by personal check {or
to the agent submitting the offe (orr to
- The deposit shall be Bel? uncashed untit Accéptance
}) made payable to
with Escrow Holder within 3 and then deposited
business deys after Acceptance (or
Deposit checks given to ager mtn Shall be an original signed check and not a copy. }
(Note: Initial and increased dey posit checks received by agent shall
be recorded in Broker's trust fund log.)
. INCREASED DEPOSIT: Buyer ‘shall deposit witih Escrow
Holder an increased depositin the amount of, .. -$
within Days Atter Acceptance {or ———
lf the Parties agree to liquidated damages in this Agreement, they also agree
to incorporate Ine ingreased
deposit int the liquidated damages amount in Sey parate liquidated damages clause (C.A-R. Form
RID) at the time the increasad deposit is delivered to Escrow Holder.
C, LJALE CASH OFF: ER: No loan is née to ded
purchase the Property. This affer is NOT contingent on
obtaining a Joan. ‘Witten verification of sufficient funds to close this transact
y ion IS ATTACHED te this.offer
or{ | Buyer shail, within 3 (or ) Days After Accepitance, Deffoive
Seller r
such verification.
D. LOAN(S):
11) FIRST LOAN: in the amount of
This foan will be conventional financing or $ 504,560.00
ing (CAR. Form SFA), [7 assumed
financing (C.A.R, Form. AFA}, subject to financing []Other
loan shall’be at afixed rate notlo exceed Dr an adjustable rate loan wilh inffial Tate net
toexceed %. Regard of theles
type of s
fean, Buyer shall pay points not to exceed
the loan amount. % of
(2) [J SECOND LOAN in the amount of eee eee tence eee wee teem eee teeter en ceenneeeee
This toan will'be conventional financing or Seffer financing (C_A.R. Forti SFA), [| assumed financing
(CAR. Form AFA), [| subj
to ect
financing Other - loan shall be at'a fixed
rate not to exceed % or, |] an adjustable
rate loan with intial Tate notto exceed
less of the type of foan, 1. Buyer shall Bey ‘Pdints nat to exceed %
% of the loan amount,
E ADDON JAL FINANCING TE! REGS:
F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of
tobe deposited with Escrow Holder pursuant to Escrow Holder insiruction
eect et r eeea eee ce nee $ 74,040.00
. s,
G. PURCHASE PRICE (TOTAL) Hn we nee eee eee ee eee ene e seme teneaneees cee s
H, VERIFICATION OF DOWINP, "AYMENT AND CLOSING COS’ TS: Buyer (or Buyer's lender or foan broker pursuant fo patagi
660.08
shall, within 3 (or ) Days After Acceptance, Deliverto Seller written’ verification of Buyer's dawn faph BUC}
payment and clo: sing costs.
(_] Verification attached}
Buyer's Initiats ¢
©2014, Ceitforta abba turomane” sotets inttats | MF2> 9¢ )
CPA REVISED 11/14 [PAGE 1 OF 14)
COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 1 OF 44)
Gx Time Realty Fac, 989 STORY
RD, S015 Sax Jove,
CA. 98122 Phone:
Biche Jolson, Prod wilh 2$Form®
uced by zislogix 18670 Fitsen Mile Rtvad, Fracer,SMichigen 45028.(eas
o7 3665 Fine (40a Saas ma]
Apr06 16 14:22a Dostor: viene Benson &., 4588 pb
Property Address: 989 ‘Rd Unit
9045, San Jase,
CA 95122-4622 : Date: April 6, 2018
L APPRAISAL CONTINGENCY AND This Agreement 's (or []is NOT) confingent upon-a written appraisalof the
REMOVAL:
Property by a licensed or certified appraiser at no.less than the purchase price. Buyer shall; as ‘specifies
ifed in arag raph 14543),
inwriting, remove thaa ppraisal contingency or cancelthis Agreement
within 17 (or_25 }Days After.
aw. LOAN TERMS:
{1}: LOAN APPLICATIONS: Within 3 (or__ ) Days After Acceptarice, Buyer shall Deliver to Seller a letter
loan broker stating from Buyer's lenderor
that, bas on ed
a review of Buyer's written application and credit report, Buyer is prequalified or preapprov
for any NEW loan specified in paragraph 3! D. ff any foan specified in paragraph ed
3D is an adjustable rate loan, ‘the prequalification
cr preapproval letter shall be based of the qualifying rate, nat the iniitial {oan rate. ( [7] Letter attactied.)
{2) LOAN CONTINGENCY: Buyer shail act diligently and-in good
faith to cbtai in the designated loan{s). Buyer's. qualification
for the Joan(s) specified above is:a contingency of this Agreement unless
oth eqwise agreed in writing. If there is no appraisal
contingency:or the appraisal contingency has been waived or removed,
then failure of the. Propertyto appraise atthe purchase
Price
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® « GERALD LAU (SBN 209301) PRUDENTIA LAW CORPORATION ‘207 EYED 533. Airport Blvd., Suite 400 Burlingame, CA. 94010 CLERYD) Telephone (650) 268-8128 SUP 3 Fl HE COURT Facsimile: (650) 434-5688 Email: gerald@prudentialaw.com & ey i F SANTA CLARA CEBUTY Attorneys for.Defendant a? Vietnam Town Condominium Owners Association SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA , 10 SAN FRANCISCO PIZZA INC., TAN CASE NO, 17CV318151 NGUYEN, NGHIA NGUYEN, and KIM 11 THUY HO DECLARATION OF JEFF VO IN OPPOSITION TO PLAINTIFFS’ EX 12 Plaintifi/Petitioner, PARTE APPLICATION FOR A TRO AND Ee Ze AN OSC TO SHOW CAUSE RE 13 Vv PRELIMINARY INJUNCTION mae 14 VIETNAM TOWN CONDOMINIUM Date: November 6, 2017 a OWNERS ASSOCIATION, MATRIX one 15 ASSOCIATION MAN. |AGEMENT, Time: 9AM. JOSEPH NGUYEN, LAP T. TANG, Dept. TBD © 16 MICHAEL JOHNSON, DAVID ALVARADO, and‘Does 1 thru 10, 17 inclusive Judge: TBD 18 Defendants/Respondents 19 20 I, Jeff Vo, declare: 21 i Tam one of the'real ‘estate brokers for Vietnam Town Property, LLC (“Vietnam ”) and am aresident of San Jose, California. 23 2. The maiters stated herein are’known to me personally, and if called and swom as a 24 witness I could competently testify thereto. 25 3 T was involved in the sale of'unit 9015 by Vietnam Town to Tan Nguyen. 26 4 A true.and correct copy of the purchase agreement is attached hereto.as Exhibit A. 27 5 Michael Johnson was the broker representing Tan Nguyen and I was the broker 28 representing Vietnam Town in the transaction. -1- DECLARATION OF JEFF VO @ @ 1 6 Michael Johnson told me that his client, Tan Nguyen, was purchasing unit 9015 in 2 order to open an automobile accessory retail store, and never indicated any alternate intended use. 3 7 T declare under penalty of-perjury under the laws of the State of California that the 4 || foregoing is true and cofrect, and that this declaration was executed at San Jose, California on fee 5 November 1, 2017. 6 10 11 12 be Ze 13 mae 14 one 15 aS 16 17 18 19 20 21 22 23 24 25 27 28 =2- DECLARATIONOF JEFF Vo EXHIBIT A Apr06 16 11:34a, Doctor vine mnson 2... 4588 p.29 CALIFORNIA DISCLOSURE REGARDING s ASSOCIATION OF REALTORS® REAL ESTATE AGENCY RELATIONSHIP {Selling Finn to Sefier} {As required by the Civil. Code) 1 (C.A.R. Form AD, Revised 12/14) dif checked) This fomn is being provided’ in-conn: ection with Code sectian 2079,13(k) and (Ij. a transact ion for a leasehold interest exceeding One year aS per Civil When you enter into a discussion with a real estate agent regard 2 real ing estate iran: isaciion, you should from the outset: understand what type of agency relatianship or: represeniation you wis! SELLER'S AGENT h to have with the agent in the tran: saction, A Seller's agent under a listing agreem: ient with the Seller acts as the agent forthe Selier only. A Seller's agent or 2 tre following affirmative obligations: subagent of that agent has To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Selier: (2) Diligent exercise of reasonable sidil and care in pérformance of the agent's duties, {b) A duty of Honest and fair deal ling and good faith. {c) A duty to disclose all facts known to. the agent materfally: affecting the velue or desirabi within the diligent attention and akservatia in of, the parties. An agent lity of the property that are not known to, or is not. obligated to reveal to either party any confidential infermation obtained from the other party that dees ret im volve the affirmative duties set forth absve. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Bu yer only. In these situations, the agent is not the even if by agreement the agent may recai ive compensation for services Seller’s agent, rendered, eltherin full or in part fromthe Seler. An agent acting anty for a Buyer has tie following affirmative cbii gations: To the Buyer: A fiduciary duty of utmost care, integrily, honesty and loyalty in dealings with the Buyer, To the Buyer and the Seller. {a) Diligent exercise of reasonable skill and ca: #8 in. performance of the agent's duties, {b) Aduty of honest and fair deating and good faith. (c) A dutyto disclose all facts known to the agent materially affectin ig the value or desirability of the property that are not known fo, oF within the diigent attention and cbservation of, the parties. An agentis net obligated to reveal to ei ither party any canfidential information obtained from the other party that duties set forth above. does not invoive the affinnative AGENT REPRESENTING BOTH SELLER AND BUYER Areal estate agent, either acting directly or through one or more associate ina transaction, but only with the knowledge and consent of both the Seller and the Buyer. legally be the agent of both the Seller and the Buyer licensees, can in a dual agency situation, the agent has the folk lowing affirmative obligations to soth the Sellar and the Buyer: (8) A fiduciary duty of utmost care, inte grity, honesty and toyalty tn the dealings with sither the Seller or the Buyer. (b) Other duties to the Sefler andthe luyeras stated above in their reSpective sections. in representing both Sellar and Buyer, the agent may not, without the express permission of ihe respective. party, disclose fo the other partly that the Seller will accapt 2-price less than the: fisting price or that the Buyer will pay a price greater than the price offered, ‘The above duties of the agentin a real estate transaction. do not felieve a Seller or Buyer from the responsibility ta Protect his or her'own interests. You should carefully read all agreements to assure that th ey adequately agentis a. person qualified te advise about real astate. If lagal or tax advice is desired, express your undarstanding of the transaction. A real estate consult a competent professional. ‘Throughout your real property tansaction you may receive mote than one disclosure form, depending upan the number of agents.assist the transaction. The law requires each agent with whom you have more than.a casual refationship te present you with this disclosure ing in should read its contents each time it is-presenied to you, consid ering the relationship form; You between you and the teal estate agentm your specific transaction. This.disclosure form includes the provisions ofS: ections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2. Read it carefully. WWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSUR E AND THE PORTIONS OF THE-CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE}. - Cc Buyer [i Setter] Landtord Tenant i Ose WEIR TORI PROPERTY,LLC von ttf 1b o Buyer []Seler[}Landiord o Tenant, Agant ON TIME REALTY BRE Lic. #0t876788 al Estate Broker Fan} By. BRE Lic, #.00892295 Date FEAG/201S (Salesperson or BrokerAsscciate) MICHAEL JOHNSON Agency Disclosure Compliance (Civil Code §2079.14): = When the listing brokerage company also Tepreserts Buyer/Tenent: The Listing. Agent shall have one AD form signed by Sefer/Landlord and a differentAD form signed by BuyeTenani., » When SelievLandiord and Buyer/Tenant are represented by different brokerage campanies: (i) the Listing Agent shall have one AD form signed SellerLandiord.and Gi) the Buyer's/Tenant's Agent shall have one AD form sigtéd by, by presented io Seller/andlord for signature priorto presar antation of the offer. ihe ‘same form Buyer/Tenant and either that same or a different AD fom is used, Seller may sign Here: DLO} RD: DO NOT SIGN HERI Seller andlord Bate_ Seller andiord ‘The copyright !aws of the United States {Title 17 LS, Cade} forbid the unasthorized reproduction of this form, orany parton thereof, by photncopy methine or any cthér means, Including facsimile or fizod formats. Copyrignt © 1961-2010, CALIFORNIA ASSOCIATION OF REALTORS, INC, ALL RIGHTS RESI AD REVISED 4244 {PAGE 1 OF 2) [Reviewed ny Date. i DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP {AD PAGE 4 OF 2) Sg Tie Rony}. 989 STORY RD, 0:5 S00 See, 25122 PRONE (SHOT SOS Foxe (40s) <20-4688 18070 Fitey Mile Rage, Framer, icin 48026, yew soLonisce | : Apr06 18 11:36a Doctor Michae! hnson &., 4588 p.3t CIVIL CODE SEI ICTIONS 2079.24 {2079.16 APPEARS ON THE. FRONT) 2078.13 As used in Sections 2079.14 Tilo 9 & to 2079, .24, inclus the fokowing , have the folowing meanings: (a) “Agent* méans @ person acing under provisions of iveterms ‘with Section 2285) in a seal property transaction, and Includes with Section 10130) ‘of Part 1 of Division4 of the Busine person:w is foensed ho asa teal £state bro under ker Chapter 3 (commencing ss s: Code, ‘and Boenses” means a person who is Ecensad as a real asiate-b: roker or selunder whose Boense a fisting Is ‘exeputed oan offerte purchase is obteined. 1b) and Profession ofthe Business and Code and who Is either licensed wder @ broker or hasesp ander ers entered: Chapter on 3 (oo mmancing with Section 19120) of Part 7 of ‘Division 4 ‘written econlract with a. broker to act athe broker's agent in Sonneetion with acts requiting areal ‘estate tleense-an to functi d ion under the broker's supervisio Properly ransaction bears responsibilty. for bis or her assocista lice n Capacity, of an-associaie Ecansea. The agent in the real in the principal, or to any buyer or seler vio nsee who parform s as agents of the agent. When an associate Ecensee awes a duly to any is not a principal, lcensea frictions. (e} "uyer” ‘eans.a transfereein a inteala realproperty transaction, that duty Is equivate:nt to the duly owed property transaction, and inchides a persan who executetesanthalofferpartyto purchase by thre broker forwhom the a seller throanugh agent, or whoseteks the services of an agen in more. than = casual,|; teacsitory, real property fom property fransaction. Inckides vendee or lessee; {0} “Comme or pretintin lary Manner, ‘with theabject ! of entering imo 2 real property. dwelling units made subject:in real pmpenty’ rcial means all reat property in-the stato, except single-family residential real 2 (com with me Section nc 1940} in & mobillchomes, 2s defined in Section 788.3, or recreational vehicles, as of Title defi in Section ned 799,28. (e} “Dual agent’ meains an agent acting. either directly or-through g an 2: ssociate licensee, ‘as agent for boih the sefer Property transaction. {fj ‘Listing agreement” means a contract between ah owner of real: Property and tha buyer in a real Property or to find or cbtain a buyer. (g} “Usting agent”. means a person who has obtained a listing and an agant, by ‘which the agent has been euthorized fo sell the real price” is the amount expressed in dollars. specified in the fisting of real ‘Pro to act'es pert an agenty for compensation, for which the seller is witing to sof the real Property through the fisting agent: (i) “Cfering {h} ‘Listing amount expressed: in dollars specif an offer to purchase for which the buyer's willing tb buy the real property. {j) “Offer in ied ioe” Is the executed by a buyer acting through 2 seling ‘agent thal becomes the contract for the salz of the real to purcha means a writions se” contract any, estate specified b y Subdivision. (1) or (2} of Section: 761 in property that constitutes. or is my property upon acceptance proved by the sella. (k] “Real property” means with one to four dwelling any leasehold in. ene year's duration, and mobiichames,wi‘nen offered fer sale or sold theough units, any commercial real propesty. an agent pursuant to the autho: contained in Section 10131:6 of the Business and! Cade. (B "Real propesty tran: saction” means 2 ‘Yransaction for-t 45 employed by one or reare of the principals to act in that Fansaction, and inchides saie he of real prope in rty which an agent a.listing or an piferto. Purchase. {in} “Sell,” “sate,” or “sok” refers to.a transaction for the transfer of real ‘property fram the seller to the. buyer, and Includes exchanges of seal propery ‘bet the veen seller and Buyer, transactions for the Teal property sales contract vithin the meaning of:‘Section 2038, and transactions for the creation of @’leasehold exceeding one year's duration. (0) “Seller”creation of a means the ‘Yansieror in 2 real transaeton, and includes an ovmer who fists real property wath an at purchase real property of ‘which he or sheis the owner from an-agenton behal af another. gent, whether cr not a transfer results, or who receives on aiferta f “Sefler” Using agant who acts: alohe,.cr an agent who acts Ii cxoperation with a Biting agent, and who sells otiRctodes both a vendor end a lesSor. {0} “Selling agent’ means a finds &nd obtains a buyer for the real property, or an egent who locates property for a buyer er who finds a buyer tor a property for which no:listinexis g ‘And presents an offer ta purchase fe the seller. {p) to whom an agent dabegates agi jency powers Bs provided ih Article 5 (commencing jent’. means a Include an associate licensee who is. acting with Section 2345) of Chapter 1 af Tile9. However, “subagent” does not 2079.14 under tha supe; vision of an agantin areal property vensactian, Listing agents and selling agents shall privide ‘the seller and: buyer ina Teal property transaction with 3. copy of thé disclosure form spacified in Sector 2078.16, end, exer; pt as. provided in subdivicion (o}, shell obtain a signed acinew! igemerd Section 2079-15, 88 foBows: {a) ‘The Esting agent, if any, Shall provide the disclosure ‘form.to theof seller recalpt trom that seller or buyer, except as provided in this section or priorto entering into:the listing agreement. {b) The selfing agent ‘shall provide the.disd priorto presenting fom to the osurseffer as e soon 88 practicable provided the seller with @ copy of the disclosure form pursuant to subdivision the saller with an afer to purchase, ‘urisss the sefing agent previously disclosure foi prepared: by the selling agent may be Yemistied to the seller(B):(and (¢]actviowiedge Where the selfing agent dees ‘not deal on a face-to-face listing agent, or the seling. agent may. defiver the disclosfarm ment of receipt obtained ureby ‘certified mail’ eddressed to the selter at his or her lastfor known the selling agent from the seller) by the acknowledgemen of receiptt is require {d) d.The selling agent shell provide the disclosure form fo the buyer as soon. as practicableadd:vss, in which case no signed offer bo purchase, except that if Ihe offer to puichase is nol prepared prior to executionof the buyers by the selling dgent, tie selling agent shall presant the dilisclosura form to the buyer not later than ‘the need busin day alteress the selitig agent receives the olferto’ Purchase from the’ 2079.45:in any Grcumstence in which the seller or buyer refuses to sign an acknowi ledgemen of receipt t pursuant to Section 2079.14, the agent, or an assodiate ficensee acting for an agent, shall s6t forth, sion, and date a written declaration of the facts of the refusal. 2078.16 Reproduced on Page 7 of thiAD for. . 2079.47 (2) A3. s60n as practicable, the seling agent chal disclose to the buyer and soter whether the self -agent {8 acting in the real property transaction exclusively 2s and sell teal property or in a Separate wring exeevied or acknowledged hy both the: buyer and ‘ihe seller. This relationship shail be confimed in the contract to the buyer's agen, exclusively as the seller's agent, of.as a dual agent purchase the sefer, tha buyer, and the sefing agent pilor te or coincident with execastion of that contract by the buyer and the setter, respectively. (b) As soon as practicable, the Esfing agent shall diliscioce to the seller whether the listing agent is acting in the real property ‘transaction exdus 2s ively the sefer's agent, of as a dual agent ing both the buyer and seller. This relationship shall be confirmed in the contractto purchase and sell real property orin a separate writing executed or: Jed by the Seliérandthe Esing agent prior to er coincident with the exect of that cancract ien {c) ‘The contiimation required by sub cfvisions (e) end (6) ‘shall by the selcr. be in the following form, 10 NOT COMPLETE, tho. ager of (check ane): [1 the seller exclusively; or Crboth the buyer and sefier. (Name of Usting Age BO NOT CO! ONL is the agent of (check one):10 the buyer: ively; or C:the seller exclusively;of (Name of Selling Agent if jot the sameas the Listing Agent)” ti both the buyer and seller, {) Thedisclosures and confirmation requi by this redsection shallbe in additionto the disclosure required by' Section 2079.14. 2079.18 No selling agentin a real property transaction may.ay act as an agent forthe buyer only, when the seling agentis also acting as th sting agentin the transaction. 2979.49 The payment of com pensation oF the obligation to pay compansation to an a| ent by the seller of buyer is not necessarily determinative of a perlicular agency relationship between an agent end the seller or’buyer. A isting agent and a sel fing agent may agree to strare any compensation or commissian paid, or ‘any right to any-comp commission ensa for whichtion an abligation .cr arises as. the result Of areal estate transaction, the tarms.of any such agreement not necessarily be determinative of a parfcular relationship. shall ‘2078.20 Nothing in this artde prevents an-agent from.selacting, as @ condition of the agent's em} ployment, & specific form of agency refaifonship net specifically Prohibited by this articie if the requirements of Section 2079.14 4: ind Section 2079:17 are compiled wrth, 2079.24 A dual agent shall not discioss te the buyer thet the: ‘Seller is wiling to sell thé property at a price less than the sting. prise, without the express written consent of the selter.A dual agent shal not discl to tha ose seller that:‘he buyer is willng to pay 2 price greater than the offering prica. without the express writtet consent of the buyer, This section does not alter in any way the duty or responsibiity of a dual agentfe any principal with respect to confidential informatioh other than price, 2079.22 Nothing.in this arfide precudss a listing agent from alse being a selling agent, and the combination. df these functions in one agent does rot, oF itself, thake that agent a dual agent. 2079.23 A contract between the principal and agent may be.modifiéd of at ered to-change the agency relatichship Wtiich is the abjectof the agenc at any time befece the performances of tha aot with the written y consent of the parties to tthe agency relationshi; 2079.24 Nothing it this article shall be cons te either true diminish dthe a: iuty of disclosure owed buyers and sellers by sgents and thelr associate foensess, subagents, and employees or to réfieve agents and their associate license: es, Subagents, dnd employes from ‘governed by this article crfor ony breach of a fuciary Sty or 8 duly ofdisclosure. ability for their conduct in connection with acts Pubishedand Disiiouledby REAL ESTATE BUSINESS SERVICES, INC, Bauaaalaryof the Callens Assocation of REALTORS® Angeles, Catforis 90020 [ Reviowed by. Dato ] ona REVISED 12/14 [PAGEEZ OF2} DISCLOSURE REGARDING REAL ESTATE AGENCY RELA’ ATIONSHIP (AD PAGE 2 OF 2) Produced with zipFomma: ty zipLogix, 12070 Fincen Mile Reed, Fraser. Michigan 49026 Apr07 16 10:56a _Doctor Micha: hnson 2. 4588 pi x CALIFORNIA COMMERCIAL PROPERTY PURCHASE AGR & ASSOCEATION EEMENT AND JOINT ESCROW INSTRUCTIONS OF REALTORS® (MON-RESIDENTIAL) {C-AR, Form CPA, Revised Mia} Date Pre; spa ared O4f05/2016 - FER: A. THIS IS AN OFFER FROM individuals), (_]A Corporation, [A Partnership, [Jan ie, TAN DAINGUYEN (‘Buyer’). B. . THE REAL PR [Jan LiP,.or] }Other. be acquired , 999 Story Rd Unit 9075 7 Situated ©, THE PURCHASE PRIGe Saate Clara {Caunty), Calfomia, 2512 (Zip2- Code},46Assessors Parcel No. offered is Five Hilundred Ninety-Three Thousand, Six Hundred 22 {Property}. D. CLOSE OF ESCR shallOWocour Dollars $ 593;600.00 on|_, (Gate) (or xbd E. Buyer and Sel are ler referred to. herein as the “Parties .” Brokers are not Parties to this Agreemem. Days Aller Acceptance). AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a Bk Disclosure Regarding Real Estate Agency Relatio Form AD) nships” (CAR. B, CONFIRMATION: The follow! ing agency relationships are hereby confirm ed for thls transaction: Listing Agent bain ae HER CIAL Ixithe Selier exclusively; or| {Print Firm Name) is the agent of (check one): Selling Agent ©. POTENT j is the agent of (check {Print Firm Name} (if not the same. one); lusively; or[_| both the Buyer and'Seller. Y COMPETING BUYERS AND SELLERS: The Patties each of More'th an One Buyer or Seller- Disclosure ai ind Consent’ (C.AR. Form ac} knowledge receipt of a “Possible Representation FINANCE TERMS: Buyer represents thal fundswil it be PRBS). good when deposited with Escrow Holder. A, INITIAL DEPOSIT: Deposit shall be in the am jount of cette ee eae tenet eee ee teen seeeee 15,000.00 (1) Buyer: Direct Deposit: Buy ‘er shall. deliver deposit directly to ‘Escrow transfer Hofder by electranic funds , [Icashiers check, | personai check, |" Jother. after Acceptance:(or within 3 business days OR (2)(].Buyer Deposit with Agent: Buyer. has given the deposit i by personal check {or to the agent submitting the offe (orr to - The deposit shall be Bel? uncashed untit Accéptance }) made payable to with Escrow Holder within 3 and then deposited business deys after Acceptance (or Deposit checks given to ager mtn Shall be an original signed check and not a copy. } (Note: Initial and increased dey posit checks received by agent shall be recorded in Broker's trust fund log.) . INCREASED DEPOSIT: Buyer ‘shall deposit witih Escrow Holder an increased depositin the amount of, .. -$ within Days Atter Acceptance {or ——— lf the Parties agree to liquidated damages in this Agreement, they also agree to incorporate Ine ingreased deposit int the liquidated damages amount in Sey parate liquidated damages clause (C.A-R. Form RID) at the time the increasad deposit is delivered to Escrow Holder. C, LJALE CASH OFF: ER: No loan is née to ded purchase the Property. This affer is NOT contingent on obtaining a Joan. ‘Witten verification of sufficient funds to close this transact y ion IS ATTACHED te this.offer or{ | Buyer shail, within 3 (or ) Days After Accepitance, Deffoive Seller r such verification. D. LOAN(S): 11) FIRST LOAN: in the amount of This foan will be conventional financing or $ 504,560.00 ing (CAR. Form SFA), [7 assumed financing (C.A.R, Form. AFA}, subject to financing []Other loan shall’be at afixed rate notlo exceed Dr an adjustable rate loan wilh inffial Tate net toexceed %. Regard of theles type of s fean, Buyer shall pay points not to exceed the loan amount. % of (2) [J SECOND LOAN in the amount of eee eee tence eee wee teem eee teeter en ceenneeeee This toan will'be conventional financing or Seffer financing (C_A.R. Forti SFA), [| assumed financing (CAR. Form AFA), [| subj to ect financing Other - loan shall be at'a fixed rate not to exceed % or, |] an adjustable rate loan with intial Tate notto exceed less of the type of foan, 1. Buyer shall Bey ‘Pdints nat to exceed % % of the loan amount, E ADDON JAL FINANCING TE! REGS: F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of tobe deposited with Escrow Holder pursuant to Escrow Holder insiruction eect et r eeea eee ce nee $ 74,040.00 . s, G. PURCHASE PRICE (TOTAL) Hn we nee eee eee ee eee ene e seme teneaneees cee s H, VERIFICATION OF DOWINP, "AYMENT AND CLOSING COS’ TS: Buyer (or Buyer's lender or foan broker pursuant fo patagi 660.08 shall, within 3 (or ) Days After Acceptance, Deliverto Seller written’ verification of Buyer's dawn faph BUC} payment and clo: sing costs. (_] Verification attached} Buyer's Initiats ¢ ©2014, Ceitforta abba turomane” sotets inttats | MF2> 9¢ ) CPA REVISED 11/14 [PAGE 1 OF 14) COMMERCIAL PROPERTY PURCHASE AGREEMENT (CPA PAGE 1 OF 44) Gx Time Realty Fac, 989 STORY RD, S015 Sax Jove, CA. 98122 Phone: Biche Jolson, Prod wilh 2$Form® uced by zislogix 18670 Fitsen Mile Rtvad, Fracer,SMichigen 45028.(eas o7 3665 Fine (40a Saas ma] Apr06 16 14:22a Dostor: viene Benson &., 4588 pb Property Address: 989 ‘Rd Unit 9045, San Jase, CA 95122-4622 : Date: April 6, 2018 L APPRAISAL CONTINGENCY AND This Agreement 's (or []is NOT) confingent upon-a written appraisalof the REMOVAL: Property by a licensed or certified appraiser at no.less than the purchase price. Buyer shall; as ‘specifies ifed in arag raph 14543), inwriting, remove thaa ppraisal contingency or cancelthis Agreement within 17 (or_25 }Days After. aw. LOAN TERMS: {1}: LOAN APPLICATIONS: Within 3 (or__ ) Days After Acceptarice, Buyer shall Deliver to Seller a letter loan broker stating from Buyer's lenderor that, bas on ed a review of Buyer's written application and credit report, Buyer is prequalified or preapprov for any NEW loan specified in paragraph 3! D. ff any foan specified in paragraph ed 3D is an adjustable rate loan, ‘the prequalification cr preapproval letter shall be based of the qualifying rate, nat the iniitial {oan rate. ( [7] Letter attactied.) {2) LOAN CONTINGENCY: Buyer shail act diligently and-in good faith to cbtai in the designated loan{s). Buyer's. qualification for the Joan(s) specified above is:a contingency of this Agreement unless oth eqwise agreed in writing. If there is no appraisal contingency:or the appraisal contingency has been waived or removed, then failure of the. Propertyto appraise atthe purchase Price