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~ ~ ~~~ (mil <br />( ~. ~rC~`E'1'.5~~ <br />A-2007-099 <br />PURCHASE AND SALE AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS <br />FOR ACQUISITION OF REAL PROPERTY <br />(Residential) <br />THIS AGREEMENT (hereinafter "PSA"), entered into on M R~ ~ , 2007, <br />between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized <br />under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and <br />Luis Tamala[~i mzd Monica Cervantes <br />(hereinafter "Seller"), regardless of number or gender; <br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements, <br />and subject to the terms, conditions and provisions of this Agreement, Seller agrees to sell to <br />City, and City agrees to purchase from Seller, all that certain real property (hereinafter "Said <br />Real Property") described as follows: <br />All that certain real property located in the State of California, County of Orange, City of Santa <br />Ana, described as follows: <br />SEE EXHIBIT "A" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as 1242 W. HiYh/and ,Santa Ana, Ca) <br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of <br />the following terms, conditions, promises, covenants, agreements and provisions, to wit: <br />1. Conveyance by Seller. Seller agrees to convey Said Real Property to City, by Grant <br />Deed, at the office of Firsf American Title Insurance Company, <br />located at 2 Firsf American Way, Sancta Ana ,California, <br />within thirty (30) days from and after the date on which the City has approved this PSA. <br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be expressly <br />provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free and clear of <br />any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, <br />limitations, encumbrances (including any and all leases), liens, clouds or defects in title, except <br />those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to Said <br />Real Property shall be free and clear as provided above. Seller further agrees that acceptance <br />by City of any deed to Said Real Property, with or without knowledge of any condition, <br />restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance <br />(including any and all leases), lien, cloud or defect in title, shall not constitute a waiver by City of <br />its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any <br />right which might accrue to City because of the failure of Seller to convey title as hereinabove <br />provided. <br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of <br />title to Said Real Property to City, within the time and at the place hereinabove specified, a <br />policy of title insurance to be issued by the above mentioned title insurance company, with the <br />Pagc i of x Seller's Initials~2~_~ <br />