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PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY <br />AND BILATERAL ESCROW INSTRUCTIONS <br />THIS AGREEMENT (hereinafter "PSA"), entered into this ___ day of ______ , 2009, <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 />Shlomo Yafckli and Judith Yafckli, (hereinafter "Seller"), regardless of number or gender; <br />THEREFORE, for and in consideration of their promises, covenants and agreements <br />hereinafter set forth, and subject to the terms, conditions and provisions hereinafter set forth, <br />Seller agrees to sell to City, and City agrees to purchase from Seller, all that certain real <br />property located in the State of California, County of Orange, City of Santa Ana, described as <br />follows: (hereinafter "Said Real Property") described as follows: <br />SEE EXHIBIT "A" -Legal Description <br />And EXHIBIT "B" -Graphical Depiction <br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF <br />(Commonly known as portion of 1245 West Highland Street, 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 First American Title Insurance Company, 2 First American Way, Santa <br />Ana, California, within thirty (30) days from and after the date on which the City has approved <br />this Agreement. <br />2. Title to be Conveyed. (a) Seller agrees that, except as may hereinafter be otherwise <br />expressly provided, Said Real Property shall be conveyed by Seller to City, as aforesaid, free <br />and clear of any and all conditions, restrictions, reservations, exceptions, easements, <br />assessments, profits, limitations, encumbrances (whether monetary or non-monetary, general <br />or specific, including any and al! leasehold interests), 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 to be conveyed by Seller to City shall be free and clear as provided above. Seller <br />further agrees that acceptance by City of any deed to Said Real Property, with or without <br />knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, <br />limitation, encumbrance (whether monetary or non-monetary, general or specific, and including <br />any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City <br />of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of <br />any right which might accrue to City because of the failure of Seller to convey title as <br />hereinabove provided. <br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of <br />Said Real Property to City, within the time and at the place hereinabove specified for said <br />conveyance of Said Real Property, a policy of title insurance to be issued by the above <br />mentioned title company, with the City therein named as the insured, in the amount of THIRTY <br />EIGHT THOUSAND, THREE HUNDRED EIGHTY FIVE DOLLARS AND NO/100 DOLLARS <br />($38,385) insuring City's title to Said Real Property is free and clear of any and all conditions, <br />k'agc I oi' 9 <br />Seller's Ini~ials_C~ __.___~ <br />25C-5 <br />