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PRDS ® DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (Page 1 of 2) (As required by the Civil Code) 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(s) in the transaction. FORM NEEDS TO BE COMPLETED AND PROVIDED AS FOLLOWS: a) List ing Agent to t he S eller b efo re entering into a lis ti ng a gre eme nt; b) Buyer's Agent to t he Buye r as soo n as pr act ica ble bef ore sig nin g an off er; c) Buyer's Agent to the Seller before presenting an offer; d) Listing Agent, when acting as a dual ag ent, to the Buyer as soon as practicable before the Buyer signs an offer. 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) Dil igen t exerc ise of reasonab le skil l and care in performance of the agent's du ties . b) A duty o f honest a nd f air d eal ing and go od f ait h. c) A duty to disc lose all facts k nown to the agen t materiall y affecting the v alue or desirabi lity of the Prop erty that are no t known to, or wi thin the diligen t attention an d observatio n 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 selling 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 affirmati ve 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) Dili gent ex erci se of reasonable s kill a nd care i n perf orma nce of th e agen t's dut ies. b) A duty of hon est and f air dealin g and good fai th. c) A duty to discl ose all fact s known to the agent ma teri ally aff ecti ng the value or desi rabi lity of the prop erty tha t not known to, or with in the dilig ent 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 associate licensees, 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 fiducia ry duty of utmost c are, integr ity, honest y, and loya lty in t he dealings with ei ther the Se ller or the Buyer . b) Othe r duti es to th e Sell er and t he Buye r as sta ted abo ve in the ir res pect ive sec tion s. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. 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. 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 betwee n you and the real estate agent in your specific transacti on. This disclosure form includes the provisions of Section 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse side hereof. Read it carefully. If the transaction involves one-to-four dwelling residential propert y(s), including a mobile home, this Disclosure form must be provided in a listing, sale, exchange, installment land contract, or lease over one year. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE. bcdef g BU Y ER  cdef g SELLER Dat e bcdef g B U Y ER  cdef g SELLER Dat e AGEN T by ________________________________ Dat e 11/30/2009 Tim e 11/30/2009 Tim e 11/30/2009 Tim e 9:00 bcdef g A M cdef g P M 9:00 bcdef g A M cdef g PM 9:00 bcdef g A M  cdef g P M (Associate Licensee or Broker -Signature) BUYER'S AGENT Intero Real Estate Services by ______________________________ ___ Date 11/30/2009 (before presenting offer)ciate Licensee(Assoor Broker -Signature) SELLER (before pres

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PRDS® DISCLOSURE REGARDING REAL ESTATE

AGENCY RELATIONSHIPS (Page 1 of 2)

(As required by the Civil Code)

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 y

wish to have with the agent(s) in the transaction.

FORM NEEDS TO BE COMPLETED AND PROVIDED AS FOLLOWS:a) Listing Agent to the Seller before entering into a listing agreement; b) Buyer's Agent to the Buyer as soon as practicable before signing an offer;

c) Buyer's Agent to the Seller before presenting an offer;d) Listing Agent, when acting as a dual agent, to the Buyer as soon as practicable the

Buyer signs an offer.

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) 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.BUYER'S AGENT

A selling 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 re

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 not known to, or within the diligent attentio

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 associate licensees, 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, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less

the listing price or that the Buyer will pay a price greater than the price offered.

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 des

consult a competent professional.

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 eac

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 t

relationship between you and the real estate agent in your specific transaction.

This disclosure form includes the provisions of Section 2079.13 to 2079.24, inclusive, of the Civil Code set forth on the reverse side hereof. Read it carefully.

If the transaction involves one-to-four dwelling residential property(s), including a mobile home, this Disclosure form must be provided in a listing, sale, exchange,

installment land contract, or lease over one year.

I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE.

bcdef gB U Y E R  cdef gS E L L E RDat

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bcdef gB U Y ER  cdef gS E L L E RDat

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AGEN

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by

________________________________

Dat

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11/30/2009Tim

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11/30/2009Tim

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11/30/2009Tim

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9:00 bcdef gA Mcde

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(Associate Licensee or Broker -Signature)

BUYER'S AGENTIntero Real Estate Servicesby _________________________________ Date 11/30/2009(before presenting offer)ciate Licensee(Assoor Broker -Signature)

SELLER

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SELLER Date

Ok Hee

(before presentation of offer)

Copyright© 2005 Advanced Real Estate Solutions, Inc.Page 1 of 

2

Intero Real EstateServices Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

Time 9:00 bcdef gA Mcd

Time cdef gA M cd

Time cdef g A M cd

Form RAD

Revis

9/04

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PRDS® DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIPS (Page 2 of 2):

CHAPTER 2 OF TITLE 9 OF PART 4 OF DIVISION 3 OF THE CIVIL CODE

2079.13 As used in Sections 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 license

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 l

is executed or an offer to purchase is obtained.

b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Divis

of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's age

connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee.

The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee

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 b

broker for whom the associate licensee functions.

c) "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 age

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. "Buincludes vendee or lessee.

d) "Dual agent" means an acting agent, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction.

e) "Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to f

obtain a buyer.

f) "Listing 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 listing 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 selling agent which becomes the contract for the sale of the real property

acceptance by the seller.

 j) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property which constitutes or is improved with one to four dwelling unit

leasehold in this type of property exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority cont

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 employed by one or more of the principals to act in that transa

and includes a listing or an offer to purchase.

l) "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

and the buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leas

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

receives an offer to purchase real property of which he or she is the owner from an agent of behalf of another. "Seller" includes both a vendor and a lessor.

n) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for th

property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the sell

o) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. How

"subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction.

2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except a

provided in subdivision (c), shall obtain a signed acknowledgment of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows:

a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement.

b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling

previously provided the seller with a copy of the disclosure form pursuant to subdivision (a).

c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the selle

acknowledgment of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified

addressed to the seller at his or her last known address, in which case no signed acknowledgment of receipt is required.

d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the of

purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling

receives 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, or an ;associate lic

an

agent, shall set forth, sign, and date a written declaration of the facts of the refusal.

2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction e

buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed i

purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coinci

that contract by the buyer and the seller,respectively.

(b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively a

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 propert

separate

writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller.

(c) The confirmation required by subdivisions (a) and (b) shall be in the following form:

Example Only is the agent of (check one): Example Only is the agent of (check one):

(Name of Listing Agent) (Name of Selling Agent if not the same as the Listing Agent)

cdef g the seller exclusively; or cdef g both the buyer and the seller. cdef g the buyer exclusively; or cdef g the seller exclusively; or cdef g both the buyer and the seller.

(d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14.

2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the tr

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 re

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 an

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 determin

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 p

article if the requirements of Section 2079.14 and Section 2079.17 are complied with.

2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written

A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the bu

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 listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, m

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 w

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 associates licenses, subagen

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or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this articl

a fiduciary duty or a duty of disclosure.

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o Real Estate

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Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-

6754

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PRDS® REAL ESTATE PURCHASE CONTRACT(THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. READ IT CAREFULLY)

Revision Date 4/07www.prdsforms.com

EQUAL HOUSING

OPPORTUNITY REALTOR®

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1. FINANCING TERMS:A.$

10,000.00

B. $

C. $ 590,000.00

D. $

E. $

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DEPOSIT, in the form of  personal check or 

shall be deposited in Escrow Holder's

on or before three or cdef g("Acceptance") of thisContract.NOTE: Buyer warrants that,

whatever the instrument or 

mode of this initial  or any

subsequent  deposit, fundsrepresented thereby shall be

"good funds" upon deposit

thereof with Escrow Holder (or Broker).ADDITIONAL DEPOSIT, in the

form of personal check or  cdef g

, shallbe deposited in Escrow Holder's

account [or cdef gBroker's trust account ] upon removal of allcontingencies

to the Contract or cdef g

Damages (Paragraph 5) has been made part of this Contract, Seller and Buyer (occasionally referred

to herein as "Parties") shall sign and deliver 

a PRDS® Receipt for Increased Deposit

(Liquidated

Damages), or equivalent form, at the time of the increase.BALANCE OF DOWN PAYMENT shallbe deposited in Escrow in sufficient time to close the escrow.

Buyer's ability to obtain the down paymentis not a contingency of this Contract.

LOAN: This Contract includes a loan in the amount indicated, secured by a First Deed of Trust payable

to Lender and including: cdef g  principal and interest  cdef g interest only at an initial rate of not more than % per annum, which

shall be cdef g fixed  cdef gadjustable cdef g initial fixed rate and adjustable

thereafter, for no fewer than years with a lifetime maximum rate of  % and anorigination

fee not to exceed % of this loan. Only if a Financing Contingency is expressly elected inParagraph 20A is this Contractcontingent

upon Buyer’s obtaininga

commitment for such a loan. If 

Buyer intends to obtain a loan, Buyer  submits herewith a lender’s cdef g " pre-approval " letter  (or 

cdef g " pre-qualification"  letter ) or Buyer shall, within five or  

cdef g

days of Acceptance, submitto

Seller a lender’s " pre-approval " letter. If not so submitted, this Contract may be cancelled at Seller's option.SELLER OR ADDITIONAL FINANCING : See attached PRDS® Seller Addendum and/or Other Financing

Addendum.

F. $ 600,000.00 TOTAL PURCHASE PRICE ("Purchase Price"), not including closing costs.

2. BUYER’S FUNDS: Buyer represents that all funds, including deposits, cash balance, and closing costs, will be readily available a

"good funds" (as determined by Escrow Holder) at the time of payment. Obtaining these funds is not a contingency of this Contra

3. INTENT TO OCCUPY: Buyer  bcdef g does cdef g does not  intend to occupy the Property as Buyer’s residence.

4.FIXTURES AND PERSONAL PROPERTY: ALL EXISTING fixtures and fittings attached to the Property are (if owned by Seller and

unless excluded below) INCLUDED IN THE PURCHASE PRICE and shall be transferred free of lien. These shall be deemed to include

but are not limited to, existing systems and items as follows: electrical, lighting, plumbing and heating, fireplace inserts and attached

fireplace equipment, solar systems and equipment, built-in appliances, screens, awnings, shutters, window coverings and hardware,

attached floor coverings, satellite dishes/related equipment, integrated telephone systems, air coolers/conditioners, pool/spa equipment

water softeners, security systems/alarms, keys to all exterior locks, garage door openers, mailbox, and in-ground landscaping.

NOTE: References in fact sheets, advertisements, the Transfer Disclosure Statement or Multiple Listing Services (“MLS”) of specific

items of property to be included in (or excluded from) this sale are not binding; only the express, written provisions of the

Contract establish their inclusion or exclusion. IMPORTANT: Buyer and Seller should specifically designate whether wall-mounted

electronic equipment (e.g., flat-screen TVs, speakers) and other electronic components are included or excluded.

A. ITEMS EXCLUDED: 

B. ITEMS INCLUDED: The following items of personal property, free of lien and without warranty of condition (unless soprovided in

Paragraph 12) John Deere tractor and tractor accessories

5. LIQUIDATED DAMAGES: By placing their initials here, Buyer (_________/_________) and Seller (_________/_________)

agree that, in the event failure to complete this purchase is due to Buyer's breach of the Contract and not by reason of a

defaul by Seller, (a) Seller is released from the obligation to sell to Buyer, (b) Seller shall retain Buyer's deposit paid as

Seller’s only recourse, and (c) if the Property contains one to four units, one of which Buyer intends to occupy, then any

deposit retained by Seller shall not exceed 3% of the Purchase Price, with any excess promptly returned to Buyer.

6. MEDIATION OF DISPUTES: Buyer and Seller agree to mediate any dispute between them arising out of this transaction

prior to any court action or arbitration. Mediation is a non-binding process in which Parties meet with a neutral mediator 

(selected by the Parties) who will try to work out a mutually acceptable resolution. If the Parties cannot agree on a mediator,

the Superior Court shall appoint one. The mediator may conduct more than one session and mediation fees shall be paid

equally by participating Parties. Matters excluded from arbitration (Paragraph 7) are also excluded from mediation. A buyer 

or seller who refuses or resists mediation shall not be entitled to recover prevailing party attorneys’ fees (Paragraph 21C).

Buyer's Initials( ________) (________) Seller's Initials (________) (_____

Copyright© 2007 Advanced Real Estate Solutions, Inc Page 1 of 8 Form RDS RevisedIntero Real Estate Services Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

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Subject Property Address: 13720 SANTA TERESA BLVD, San Martin, CA 95046Date: 11/30/2009

7. ARBITRATION OF DISPUTES:

A. Explanation: Arbitration is a private dispute resolution process in which Parties (by themselves or through their attorneys) submit

disputes to a neutral arbitrator who is charged with rendering a fair and impartial decision as to all issues presented. When arbitration is

selected, the Parties give up their rights to trial by judge or jury and to full and formal court process. Basic discovery

rights (e.g., depositions, document production) are provided for under California law. Rules of evidence and procedure are less rigid

than in trial court. Arbitration fees are typically on an hourly basis. The decision of the arbitrator is final and binding on all Parties to

the arbitration agreement (Paragraph 7B). The arbitrator can award compensatory damages, punitive damages, and/or order specific

performance, injunctive relief and declaratory relief. No trial or other court process is available to re-try the case or to appeal the

merits of the arbitrator's ruling .This means that even when a party claims the arbitrator made a  clearly wrong decision, based on a

misunderstanding of fact or of law or an unwillingness to follow the law, that decision nevertheless remains final and unappealable. Only

in cases of actual fraud in the arbitration process, corruption, bias, lack of due process or jurisdiction, or arbitrator's computation error,

can an award be vacated or modified .The Parties are advised to confer   with legal counsel for advice before committing to

binding arbitration.B. Arbitration Process, Election to Arbitrate: Any dispute arising out of this transaction shall be decided by neutral binding  arbitration (in

accordance with Chapter 3, Title 9 of the California Code of Civil Procedure (CCP §1283.05) including, but not limited to, the right of 

discovery), and not by court action, except as provided by California law for judicial review of arbitration proceedings. The arbitrator shall

be a retired Superior Court judge or a licensed California attorney with at least five years real estate experience. If the Parties cannot

agree on an arbitrator, the Superior Court shall appoint the arbitrator. The filing of an action in a court of competent

 jurisdiction to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional

remedies shall not constitute a waiver of the right to mediation or arbitration under this Contract, regardless of whether the said

complaint includes causes of action not necessary to the recordation of the notice of pending action. The Parties agree that, in the event

of such court filing, it would be appropriate for the court to issue an order staying proceedings therein, pending the completion of 

mediation or arbitration under this Contract. The filing of such judicial action shall not constitute a waiver of mediation or arbitration

rights or the prevailing party's right to receive attorney's fees and costs. Exclusions from arbitration: unlawful detain foreclosure-related

actions and matters within Small Claims Court jurisdiction. By electing arbitration, Buyer and Seller also agree to submit to mediation

and binding arbitration such claims related to or arising out of this transaction as they intend to make against the brokers or agents, so

long as, within ten days after receipt of such claims, the brokers and agents responding thereto shall have committed to participation in

such mediation and arbitration. An election by brokers or agents to mediate or arbitrate as provided herein shall not be deemed to makethem parties to this Contract.

"NOTICE: BY INITIALING IN THE SPACE BELOW, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OFTHE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATIONPROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE

DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW, YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS SUCH RIGHTS ARE SPECIFICALLY INCLUDED INTHE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEINGTO TH PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIACODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY."

"WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THEMATTERS INCLUDED IN THIS 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATION."Buyer's Initials(________) (________) Seller's Initials (________) (________  

8. REAL ESTATE TRANSFER DISCLOSURE STATEMENT ("TDS"), LEAD-BASED PAINT HAZARD DISCLOSURE ("Lead Disclosure"),

NATURAL HAZARD DISCLOSURE STATEMENT ("NHDS"), PRDS SUPPLEMENTAL SELLER CHECKLIST ("SSC"): Unless thetransaction is exempt by law, Seller, Listing Agent (if any) and Selling Agent (if any, and if such signature is required by law) shall duly

complete and provide to Buyer a TDS, a Lead Disclosure and an NHDS. Additionally, Seller shall duly complete and provide an SSC unlessthe transaction is TDS-exempt. (For convenience, these four documents are collectively referred to as "the Disclosure

Documents".) Seller shall, within five or  cdef g days of Acceptance, deliver to Buyer each of the above-indicated

Disclosure Documents for which an exemption does not apply. Those completed Disclosure Documents, if any, that the Buyer has already received,

read and signed prior to Acceptance and delivers herewith to the Seller are indicated here: cdef g TDS cdef g Lead Disclosure cdef g NHDS

cdef g SSC

If the required TDS, Lead Disclosure and/or NHDS documents are delivered to Buyer  after  Acceptance, Buyer shall have the right to

terminate the Contract by giving written notice to Seller within three days after personal delivery thereof (or five days after delivery by mail).

Lead Disclosures sent by mail must be sent certified mail or registered mail, return receipt requested. Unless Buyer elects to terminate the

Contract based thereon, Buyer shall sign and return required TDS, Lead Disclosure, NHDS and SSC documents to Seller 

within five or cdef g

days after delivery thereof to Buyer. If Buyer fails to sign and return required disclosure documents within

the times required, Buyer will be in breach of this Contract. CAUTION: As to all non-exempt transactions, completion of the Disclosure

Documents is required even where the Seller has little or no knowledge of the Property. Even where the Property is part of a Decedent'

trust or estate (or occupies some other TDS-exempt status), the executor, trustee personal representative or other exempt seller is

nonetheless legally obligated to disclose to Buyer all material facts of which the Seller is aware, negatively bearing on value or desirability of 

the Property. Seller is obligated to disclose all additions and alterations to the Property of which Seller is aware and the permit and final

approval status thereof. Where Buyer has been given timely and sufficient notice that improvements to the Property have been made without

necessary permits or approvals, Buyer shall assume all risk, obligation and expense in the event the Property is required to be brought into

legal compliance.

9. PROPERTY DISCLOSURES (ENVIRONMENTAL, NATURAL HAZARD, EARTHQUAKE QUESTIONNAIRE, TAX ASSESSMENT AND

TAX STATUS REPORTS, EARTHQUAKE/ENVIRONMENTAL BOOKLET); COMPLIANCE STATEMENTS: Seller shall assume any cost

for and  promptly (i.e., in sufficient time for Buyer to reasonably consider them in conjunction with removal of the Property Disclosure

contingency) deliver to Buyer the following documents: Environmental disclosure report (limited to filed governmental reports), Natural

Hazards report (including any Mello-Roos and 1915 Special Assessment information), and declaration of Federal and California tax status

("FIRPTA" form). Seller shall also deliver to Buyer a copy of the currently mandated Earthquake Safety and Environmental Hazard booklet

(including completed Residential Earthquake Hazards Report [questionnaire], as required), and smoke detector, water heater and all other 

government-mandated, point-of-sale compliance statements.Buyer's Initials(________) (________) Seller's Initials (________) (________ 

© Page 2 of 8 Form RDS Revised 4/07

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Copyright 2007 Advanced Real Estate Solutions, Inc

o Real Estateces Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

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Subject Property Address: 13720 SANTA TERESA BLVD, San Martin, CA 95046 Date: 11/30/2009

10.OPTIONAL "AS-IS" PROVISION: Only if checked here gf edcb , it is agreed that Buyer is purchasing the Property in its present (i.e., as of the time of Acceptance), "AS-IS" condition, including and subject to the following: 

A. Seller acknowledges a continuing obligation of (1) full disclosure to Buyer (see Paragraph 8) and of compliance withsmoke detector, water heater and all other government-mandated point-of-sale requirements and (2) maintenance of the Property (see Paragraph 13);

B. Buyer retains the right to secure comprehensive inspections of the Property, and retains all contingency rights provided for inthe Contract;

C. The provisions of Paragraph 11 (“STRUCTURAL PEST CONTROL (“SPC”) CERTIFICATION”) and Paragraph 12

(“SELLER’S OBLIGATION TO REPAIR OR CORRECT”) are hereby deleted from this Contract;

D. Therear e NO EXCEPTIONS to this "AS-IS" provision, or, as indicated , EXCEPTIONS AS FOLLOWS:

cdef g Paragraph 11 is made part of this Contract

cdef g Other:

11. STRUCTURAL PEST CONTROL ("SPC") CERTIFICATION:

A. cdef g Buyer cdef g Seller  shall, within three or cdef g days of Acceptance, engage a licensed structural pest control ("SPC") operator 

and shall order from said SPC operator, at cdef g Buyer's cdef g Seller's expense, a current inspection report ("Report") of the primary

dwelling plus (if checked) cdef g decks (attached or otherwise), cdef g detached garage(s)/carport(s), and the following other structures onthe Property: .

Unless otherwise agreed in writing, said Report shall control asto findings, recommendations,and types of treatment/remediation,

and shall supersede any other existing SPC reports (including any prior SPC reports previously delivered by Seller to Buyer).

If checked here cdef g , however, Buyer acknowledges prior receipt from Seller of a current SPC inspection report, and it is agreed that saiddocument shall be accepted by Buyer and Seller as the operative Report.

B. Seller shall pay for Section 1 work as described in the Report and shall, prior to Close of Escrow (defined in Paragraph. 23A), provide a

certification (conforming with SPC Board regulations) from the SPC operator that generated the Report (or from another licensed SPC

operator, if agreed in writing by the Parties) that the Property is free from active infestation or infection as described in the Report. Seller shallnot be responsible for: (1) Section 1 items that are the responsibility of the subject Homeowner's Association "HOA"() pursuant to Covenants,

Conditions and Restrictions ("CC&Rs") and/or rules and regulations (see Common Interest Development documentation) or (2) Section 2

items, except as may be otherwise required elsewhere in this Contract.

C. If the Report recommends inspection of inaccessible areas, Buyer shall have the right to such inspections if requested by Buyer within five or 

gf edc days from the latter of Acceptance or receipt of the Report. Buyer's failure to request such further inspections sha constitute waiver of this right. If further inspections pursuant to said recommendations reveal no further Section 1 findings, the supplemental report and entry andclosure costs shall be paid by Buyer.

D. If the SPC operator determines that the quantity and/or location of personal property interferes with a full SPC inspection of the Property,

Seller shall promptly render the subject areas accessible and shall pay for any supplemental reports recommended by the SPC operator and

for additional Section 1 repairs, if any.

E. If fumigation is required by Report and is scheduled to take place prior to Close of Escrow, Seller shall comply with the

fumigation contractor's guidelines, including those relating to landscape preservation. Buyer acknowledges that there may be

damage caused t

landscaping due to tenting of the house, and Buyer agrees to take Property subject to any such damage. In addition, Buyer and Seller acknowledge that, even where installation and removal of tenting is undertaken with care and within professional standards, damage to tile or 

other roof coverings frequently occurs. Seller shall remain financially responsible for the repair and, if necessary, replacement of roof 

coverings damaged in the tenting process. Upon completion of fumigation, Seller shall ensure that all utilities and services (e.g., electric, gas

and water) on the Property are fully restored and rendered operational. If it is agreed that fumigation is to take place after Close of Escrow, it

shall be completed as soon as practicable. Buyer shall have 15 days from removal of the tenting within which to make written claim against

Seller for related roof damage; otherwise, Buyer waives the right to make such claim.

12. SELLER'S OBLIGATION TO REPAIR OR CORRECT:Seller's obligations pursuant to this Paragraph to repair or otherwise correct shall b limited

to deficiencies known or discovered before Close of Escrow. Except as otherwise agreed or required by law, Seller shall not be required to

repair or replace items not covered by this Paragraph. Disclosures of defects and deficiencies made by Seller in the TDS, Supplemental Seller 

Checklist or elsewhere do not relieve Seller of the repair obligations provided for herein. Seller shall deliver the Property at Close of Escrow in the

condition (subject to risk of loss considerations) as follows: (1) Roof/skylights (not including gutters) shall be free of leaks; (2) Built-in appliances,

plumbing, heating, air conditioning, electrical, solar, security/alarm, water, sprinkler, sewer/septic, and pool/spa systems, if any, shall be operative

("operative" shall mean that the appliance or system meets its basic intended function but may not operate as if new or satisfy current building

codes); (3) Plumbing systems, shower pans, and shower enclosures shall be free of leaks; (4) Chimneys and fireplaces, including dampers, shall

be operative and free of structural defects; (5) All broken or cracked glass (excluding seal-failure of multi-paned windows/skylights) shall bereplaced.

13. SELLER'S OBLIGATION TO MAINTAIN PROPERTY DURING ESCROW :During the time period between Acceptance and Close of Escrow

(see Paragraph 23A), Seller shall maintain the Property, including landscaping, in no less than the same general condition as at time o

Acceptance. (NOTE: Seller is advised to consider obtaining a "Seller's Coverage" home warranty to cover various aspects of the Prope

during pre-Close of Escrow time frames.) Additionally, personal property not included in the sale and debris shall be removed by Seller prior 

to the date Seller delivers possession of the Property and, unless otherwise agreed, the Property shall be delivered to Buyer in no less than

"broom clean" condition.

14. RISK OF LOSS: If the Property's land or improvements are materially damaged prior to Close of Escrow, Buyer shall have the right to terminat

this Contract and recover the full deposit. If Buyer elects to complete the purchase, Buyer shall be entitled to an assignment from Seller of all

insurance proceeds covering the loss.

15. REPAIRS/"WALK-THROUGH INSPECTION":All repairs required pursuanttothis Contract shall be undertaken by a licensed contractor 

using materials of  comparable quality (subject to local ordinances). Allrepair s shall be done in workmanlike fashion and in compliance

with all applicable building codes and permit requirements, and shall be completed by no later than two or cdef gdaysprior to

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Close of Escrow, at which time Buyer shall be entitled to a "walk-through" inspection of the Property, not as a contingency of sale,bu

t

solely to confirm that all repairs have been completed and that the Property, including landscaping, in no less than the same general condition

as of the date of Acceptance. Seller shall assure that, through such time period as is reasonably necessary for said "walk- through," all utilities

and services remain connected and active.

Buyer's Initials( ________) (________) Seller's Initials (________) (________ 

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within which to remove or otherwise act on the following contingencies (unless extended by Paragraph 20E):

1) Property Condition (Paragraphs 8, 9, 11 and 19) 3) check permits at county for work done on property

2) Title Documents (Paragraph 17) 4)

Buyer's Initials( ________) (________) Seller's Initials (________) (________ 

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Subject Property Address: 13720 SANTA TERESA BLVD, San Martin, CA 95046Date: 11/30/2009

D. Documents reasonably necessary for Buyer's review in conjunction with removal of contingencies pursuant to this Paragraph 20 sha

be delivered to Buyer within five or cdef g days of Acceptance.

E. If Buyer requests that Seller make repairs or corrections not otherwise required by this Contract, then Buyer shall, within the respective

time frames in Paragraph 20C, deliver to Seller written notice of such requested items, and Seller shall have five or gf edc days from receipt of such notice within which to respond in writing. If Seller agrees in writing to Buyer's requests, Buyer shall thereuporemove the Property Condition contingency. If Seller's response indicates that Seller is unwilling or unable to repair or correct such items

or if Seller does not respond within the time frame in this Paragraph, Buyer shall have three or cdef g days (after receipt of 

Seller's response, or after the expiration of the time for Seller to respond, whichever occurs first) to remove these contingencies o cancel

this Contract. If Buyer does not give such written notice of cancellation or fails to remove the contingency within the time frame in this

Paragraph, Seller shall have the right to cancel this Contract by giving written notice of such cancellation to Buyer.

F. If Buyer properly exercises a right of cancellation under this Contract, Buyer shall be entitled to a refund of Buyer's deposit,

less an non-reimbursable fees and costs, and the Parties agree to sign mutual escrow instructions to this effect. NOTE:Seller's unreasonabl refusal to cooperate in the release to Buyer of deposited funds upon Buyer's due exercise of 

contingency rights exposes Seller t monetary sanctions and attorney's fee, according to statute. Civil Code Section 1057.3.

21. LEGAL NATURE OF AGREEMENT:

A. ENTIRE AGREEMENT; ADDENDA: This Contract is intended by the Parties to be the full and final expression of their agreement. It shall

not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The captions in this Contract are for 

reference only. This Contract may not be amended, modified, altered or changed in any respect whatsoever except by a

further agreement in writing executed by Buyer and Seller. In order to be made part of this Contract, a proposed addendum must

be not only executed by all parties, but also delivered back to the generating party in timely fashion. Unless otherwise agreed by the

Parties or required by Escrow Holder, all documents transmitted by facsimile shall be regarded as valid substitutes for original

documents. Buyer and Seller understand that real estate licensees are not Parties to this Contract and are not responsible or liable for 

any inability or failure by Buyer or Seller to perform fully the terms hereof.

B. BINDING AGREEMENT; ASSIGNMENT: This Contract is binding upon the heirs, executors, administrators, successors

and assigns of  Buyer and Seller and shall survive Close of Escrow. Buyer may not assign any rights hereunder without the

prior written consent of Seller. Seller hereby conveys to Buyer such assignable rights of action as Seller may have againstproviders of materials or services relating to the Property.

C. ATTORNEYS' FEES:In the event of any legal action, arbitration, or other proceeding between Buyer and Seller arising out

of this Contract, the prevailing Buyer or Seller shall be awarded reasonable attorneys' fees and court or arbitration costs in

addition to an other judgment or award.

D. DISSEMINATION OF INFORMATION: In the event the Property is listed on the MLS, information concerning status, price,

terms, and nature of financing of this transaction shall be disseminated to the MLS, subject to applicable MLS rules and

regulations, and may enter the public domain or otherwise become accessible to the public.

E. LEGAL, OTHER ADVICE: The Parties understand that real estate licensees are providing real estate advice only in this

transaction.  Parties desiring legal, tax, title, or other advice, must consult an attorney, accountant, or other appropriate

profession.

F. GOVERNING LAW: This Contract and all other instruments referred to herein shall be governed by, and shall be construed

according to,  the laws of the state of California. For the purpose of all disputes arising out of or under this Contract, the

exclusive venue for any judicial or arbitration proceedings shall be deemed to be the county in which the Property is

situated.

22. DEFAULT AND REMEDIES:

A. BUYER'S DEFAULT:Should escrow not close due to a default by Buyer, Seller's entitlement to damages shall be limited

pursuant t  Paragraph 5 (if such provision has been initialed by both Parties). If such provision is not initialed by both

Parties, Buyer may be liable to Seller for additional damages including, but not limited to, consequential damages (e.g.,

"PITI", etc.). In ei ther case, the defaulting Buyer may be liable for payment of the brokerage fee.

B. SELLER'S DEFAULT:Should escrow not close due to a default by Seller, or if Seller does not otherwise perform under this

Contract, Seller may be liable for Buyer's damages including, but not limited, to consequential damages (e.g., temporary

housing arrangements storage costs, etc.) and for payment of the brokerage fee.

C. OTHER NON-PERFORMANCE: If either Buyer or Seller fails to perform pursuant to any aspect of this Contract, the

defaulting party may be liable for the other party's damages (e.g., consequential damage, including but not limited to, "PITI",

etc.).

23. CLOSE OF ESCROW, PRORATIONS, ESCROW CONDITIONS AND INSTRUCTIONS:

A. CLOSE OF ESCROW: Recordation of the deed to the Property ("Close of Escrow") and delivery of keys shall occur on (date)(o r 

bcdef g 45 days from Acceptance). If the date set for Close of Escrowfalls on other than a business day (see Paragraph 27), recordation shall occur on the following business day. Possession shall be

delivered to Buyer by no later than 5:00 PM or cdef g cdef g AM/ 

cdef g PM on the same date or 

cdef g

(possession date), subject to provisions of an executed residential lease after sale agreement (see Paragraph 24D). If Seller retains

possession after Close of Escrow, a minimum of one set of keys shall be given to Buyer at Close of Escrow.

B. PROPERTY TAX, OTHER PRORATIONS : Currently assessed property taxes (as well as supplemental taxes) shall be paid as follows: 

(1) for periods prior to Close of Escrow, by Seller, and (2) for periods after Close of Escrow, by Buyer. At Buyer's request,

Seller sha provide a copy of Seller's most recent tax bill. Interest on any loan assumed by Buyer, as well as any

Homeowners Association dues rents, and premiums on insurance assumed by Buyer, shall be prorated as of the Close

of Escrow. Seller shall pay the cost of county real property transfer tax. Buyer and Seller shall equally divide and pay

the cost of any city transfer tax and transfer fee imposed by a municipality.

C. ESCROW INSTRUCTIONS: This Paragraph 23 and Paragraph 31, together with any additional escrow instructions, shall constitute

 joint escrow instructions to Escrow Holder.The Parties shall execute such additional escrow instructions requested by Escrow

Holder that are not inconsistent with the provisions of this Contract. In the event of any alleged failure of performance of either 

Buyer or Seller, nothing in this Paragraph 23 shall impose any duty on Escrow Holder to concern itself with other provisions of 

this Contract or to make any determination as to the ownership of, or interest in, any funds deposited. Funds placed in the

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Escrow/Trust account will not be released unless agreed to in writing by both Parties or pursuant to court or arbitrator's order .

Buyer's Initials( ________) (________) Seller's Initials (________) (________  

Copyright© 2007 Advanced Real Estate Solutions, Inc Page 5 of 8 Form RDS Revised 4/07

o Real Estate Services Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

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Subject Property Address: 13720 SANTA TERESA BLVD, San Martin, CA 95046Date: 11/30/2009

24. ADDITIONAL CONTRACT DOCUMENTS:The accompanying PRDS® Advisory Disclosure,alongwith

the following addenda if 

checked below and submitted herewith, are made part of this Contract.

cdef g A. PRDS® Seller Financing Addendum cdef gB. PRDS® Other Financing Addendum

cdef g C. PRDS® Common Interest Development Addendum

cdef gD.

Residential Lease After Sale (Seller in possession)

cdef gE. Sale of Property Contingency

cdef g F.Other :

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25. OTHER TERMS AND CONDITIONS:

This offer is contingent upon buyer refinancing his current residence in order to pay all cash for this property. The

refinance will be at an interest rate no higher than 5% interest only for a minimum of 5 years with no points. The

refinance amount will be no less than $417,000

26. AGENCY DISCLOSURE AND CONFIRMATION: BUYER AND SELLER ACKNOWLEDGE THEIR PRIOR RECEIPT OF AGENCY

DISCLOSURE FORMS. AGENCY CONFIRMATION: The following agency relationships are hereby confirmed for this transaction:

ListingAgent: Smart Realty (Print Company Name) is the agent of (check one):

bcdef g Seller exclusively; or  cdef g both Buyer and Seller 

SellingAgent: Intero Real Estate Services (Print Company Name) (if not the same as the Listing

Agent) is the agent of (check one): bcdef g Buyer exclusively; or cdef g Seller exclusively; or cdef g both Buyer and Seller 

27. TIME: Time is of the essence in this Contract. Extensions, if any, must be agreed to in writing by both Parties. Except as otherwise expressly

stated, the word "days" shall mean calendar days; "business days" shall be as defined in Section 9, Calif. Civil Code (generally, Monday

through Friday, legal holidays excepted).

28. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state, and local anti-discrimination laws. 

29 .BUYER'S DUTY OFCARE:Buyer 

has,

and

acknowledges,a duty to exercise reasonable care to protect himself or herself, including as

to those facts that are known to or within the diligent attention or observation of a buyer or prospective buyer.

30. OFFER: This is an offer to purchase the Property. Unlessthis offer is accepted by Seller and a signed copy personally received by

Buyer or by Fitan Khalil , who is authorized to receive it, by 12/02/2009 at 1:00 cdef gA M /bcdef g P M ( o r  cdef g

upon presentation), this offer shall be deemed revoked and the deposit shall be returned. Buyer has read and acknowledges receipt of a copy

of this offer. This Contract may be signed in counterparts.

Date: 11/30/2009 Time: 9:00 Buyer: Helmi Abu-Hamid S i g n a t u r e :  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(print name)

Date: 11/30/2009 Time: 9:00 Buyer: Basim Abu-Hamid S i g n a t u r e :  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(print name)

Date: 11/30/2009 Selling Office: Intero Real Estate Services by:_______________________________ 

DRE license number and name of Buyer's Agent 01487013 Fitan M Khalil

(DRE license no.) (print name)

Address: 10275 N. De Anza Blvd.,, Cupertino, CA 95014

TEL: (408) 406-0870 FAX: (408) 904-6754 Email:

[email protected]

31 .BROKERAGE

FEE: Seller agrees to payListing Agent a brokerage

fee pursuant to the related listing or commission agreement.

Listing

Agent hereby assigns to SellingAgent 3

% of the sales price (or the amount of $ ) from said brokerage

fee andinstructs Escrow Holder  

todisburse said amount to Selling Agent. From

the proceeds of the sale herein, Seller irrevocably

assigns to Listing Agent the entirety of the brokerage fees provided for in this transaction, and irrevocably instructs Escrow Holder to

disburse said fees to the respective Agents at the Close of Escrow.32. ACCEPTANCE SUBJECT TO COUNTER OFFER: By entry of Seller’s initials here (_______/_______) and Seller’s signature in

Paragraph 33 below, Seller’s acceptance is made conditional upon Buyer’s written acceptance of the accompanying Counter 

Offer.

33. ACCEPTANCE: Seller accepts the foregoing offer and agrees to sell the Property to Buyer based on and subject to the terms and conditions

set  forth and referenced herein. Seller acknowledges receipt of a copy hereof and authorizes Broker to deliver a signed copy to Buyer. Allparagraphs with spaces provided for initials by Buyer and Seller are incorporated herein only if the spaces are initialed by both Parties. If one

party initials and the other party does not, no contract is formed between the Parties unless and until a counter offer resolving the

inconsistency is executed by both Parties.

Date: Time:Seller : Ahn Phillip S i g n a t u r e :

  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(print name)

Date: Time:Seller : Ok Hee S i g n a t u r e :

  _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _(print name)

Date: Listing Office: Smart Realty by:_______________________________ 

DRElicense number and nameof  Listing Agent: John S. Choi

(DRE license no.) (print name)

Address: CATEL:

408-985-8888 FAX: 408-985-8880 Email: [email protected]

34. NON-ACCEPTANCE: By entering Seller's initials here (______ I   ______), Seller affirms that the foregoing offer has been received,

considered and not accepted Date:

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ESCROW RECEIPT: Escrow agent acknowledges receipt of pages 5 and 6 of this Contract as additional escrow instructions.

Date:EscrowCompany:

By: _____________________________________________________Title:

Advanced Real Estate Solutions, Inc. makes no representations

as to the legal validity or adequacy of any provision of this form

or any deletions, addition, or modification thereof, nor of its use

in a particular transaction.

Copyright© 2007 Advanced Real Estate Solutions, Inc

Intero Real Estate Services Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-

6754

OFFICE USE ONLY

Reviewed by Broker ______________________ Date _______________ 

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Subject Property Address:13720 SANTA TERESA BLVD, San Martin, CA 950Date: 11/30/2009

PRDS® ADVISORY DISCLOSURE

INVESTIGATION OF PROPERTY CONDITION: The purchase of a home is one of the most important decisions a buyer will

make, and demands careful investigation of all aspects of the Property that affect its value and desirability. Correction of someconditions may be required by law and may involve extensive costs. Seller and/or broker disclosures in the TDS, SSC, NHDS

and Lead Disclosure are not intended to, and do not, substitute for securing inspection reports. Buyer is encouraged to attendall inspections and to discuss property condition issues directly with the inspectors. Buyer is encouraged to order all additionalreports and investigations as are recommended by inspectors. Parties are advised that Brokers lack professional expertise inthe area listed below. Given Buyer’s legal duty to exercise reasonable care to protect himself or  herself regarding factsthat are known to or within the diligent attention or observation of a buyer, Buyer is urged to investigate, withoutlimitation, the following:

A. CONDITION OF SYSTEMS: Foundation, roof, plumbing, heating, air conditioning, electrical, mechanical, energy efficiency,

security, appliances/personal property, pool/spa, and all other systems and components should be investigated.

B. SIZE AND AGE: Any square footage, room dimension, age of Property improvements or lot size figures provided have notbeen and will not be personally verified by real estate licensees. Such figures, including those attributable to tax andassessor records, may not be accurate and should not be relied upon. If square footage, room dimension, age or lot sizearea are important to Buyer, Buyer must conduct Buyer’s own investigation to verify same.

C. PROPERTY LINES AND BOUNDARIES: Fences, hedges, walls and other natural or constructed barriers or markers do notnecessarily identify true Property boundaries and are frequently off line. Property lines are verifiable by professional surveyonly; real estate licensees make no representation as to exact location.

D. SEWER AND SEPTIC SYSTEM: Type, size, adequacy, condition and components (including septic tank and leach fields)should be inspected for present and future use, and for any contemplated expansion. Where applicable, status of new sewer connection (and associated fees) should be verified.

E. BUILDING PERMITS/NON-PERMITTED CONSTRUCTION: There are risks in purchasing property on which unpermitted

work has been done, including (1) the risk of mandated remediation or removal of unpermitted work, prohibition of its use as"habitable living space," or denial of permits for other, unrelated work; (2) the risk that the Property may be in violation of 

zoning, use and/or occupancy limit ordinances (e.g., by existence of an illegal “in-law” unit), requiring removal or discontinueduse; (3) the risk of possible hazardous condition; (4) the risk that a lender’s appraisal of the Property and the decision toextend financing could be adversely affected; and (5) the risk that Homeowner’s Insurance coverage may not be available or that homeowner claims might be denied and/or coverage cancelled. Buyer should analyze the Property’s building permit file,

the contents of which may indicate whether structural modifications and other items of construction were done with benefit of properly issued building permits, including written final inspection by an appropriate City or County official. Entries made in

building files are subject to interpretation and Buyer should rely only on a construction professional (not on the real estatelicensees) for analysis of the permit file’s contents. Buyer understands that some building permit file documentation may beincomplete, illegible, incorrect or missing. Permit history or status is often impossible to establish.

F. BUILDING RESTRICTIONS: Buyer is alerted that all cities, counties and certain other governmental agencies (e.g., FEMA,California Coastal Commission) impose limitations and restrictions regarding house size, configuration, design, materials andother matters (including possible "historical landmark" status) affecting home construction. If Buyer intends ever to expand or alter the Property, Buyer should consult with the appropriate professionals and governmental agencies.

G. RENT AND OCCUPANCY CONTROL: Governmental agencies may impose restrictions limiting the amount of rent that canbe charged (specifying a minimum lease term and/or the maximum number of persons who can occupy the Property) andlimiting the eviction of certain tenants.

H. WATER AND WELL SYSTEMS: Buyer should check water source regarding the quantity and quality of water. Well systemsand components should be inspected. The Property may be subject to water conservation, usage and other measures, suchas water hook-up restrictions and, at various times, rationing.

I. ENVIRONMENTAL HAZARDS: Qualified experts should inspect the Property for such hazards as asbestos, formaldehyde,radon, methane, lead-based paint, fuel tanks, contaminated soil or water, hazardous waste, waste disposal sites,

electromagnetic fields and other conditions.

J. SOILS: Soils native to the greater Bay Area are historically expansive in nature and inconsistent and unreliable in behavior and performance. Property may be subject to earth movement, drainage, and structural/foundation problems not visible upon

inspection by Buyer or real estate licensees. Moreover, a general physical inspection of Property will not suffice as a currentsoils report (old soils reports may not account for current soils conditions).

Buyer’s Initials (________) (________) Seller’s Initials (________) (________)

Copyright© 2007 Advanced Real Estate Solutions, Inc Page 7 of 8 Form RDS Revised 4/07

o Real Estate Services Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

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Subject Property Address:13720 SANTA TERESA BLVD, San Martin, CA 95046Date: 11/30/2009

K. NEIGHBORHOOD CONDITIONS: Buyer should investigate the neighborhood or area conditions including, but not limited to,

schools, proximity and adequacy of law enforcement, fire protection and other governmental services, proximity to major entertainment venues (e.g., Shoreline Amphitheater), commercial, industrial, or agricultural activities; criminal activity;

transportation issues; present or future construction and development that may affect view or increase traffic; noise or odor from any source; wild and domestic animals; and conditions and influences significant to certain cultures/religions.

L. IMPACTED PUBLIC SCHOOLS: Due to burgeoning enrollments in Bay Area public schools, many local districts are unableto guarantee that incoming students will be admitted to schools closest to family homes. Buyer should consult directly with

local school districts regarding available classroom space.

M. NOISE: The Bay Area is served by three international airports, several municipal airports and Moffett Field. Virtually all

residential areas are overflown by aircraft at noise and frequency levels that vary depending on aircraft type, size, route andaltitude, on weather and on the Property's proximity to flight paths and airports. Similarly, noise produced by train bus, lightrail, freeways and other causes can be an annoyance or intrusion, depending on the individual. Buyer should inquire of transportation agencies and visit the Property at various times to witness noise levels first hand and determine whether theyare acceptable.

N. MEGAN'S LAW (Sex Offender Database): Notice: Pursuant to Section 290.46 of the Penal Code, information abou specifiedregistered sex offenders is made available to the public via an Internet Website maintained by the Department of Justice at

www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either th address at whichthe offender resides or the community of residence and ZIP Code in which he or she resides.

O. MOLD/ALLERGENS: Mold, fungi, spores, pollens and/or other botanical substances and/or allergens (e.g., dust, pet dander,

insect material, etc.) affect almost all properties. These substances may be either visible or invisible, may adhere to walls andother accessible and inaccessible surfaces, may be embedded in carpets or other fabrics, may become airborne, and may bemistaken for other household substances and conditions. Exposure to certain molds may lead to potential of health

consequences for some individuals. Mold generally exists in structures such as homes when moisture (water) is or has beenpresent. If any disclosure or inspection report reveals past or current moisture problems, mold may be present or maydevelop. Accordingly, Buyer is advised to consider engaging the services of an environmental or industrial hygienist (or other 

qualified professional) to (1) inspect and test for the presence of harmful botanical and other allergen and substances as partof Buyer's physical inspection of the Property, and (2) advise Buyer regarding level o health-related risk involved and theadvisability and feasibility of eradication and abatement. Buyer is expressly cautioned as to the very limited and uncertaincapabilities of Buyer, Seller, brokers and general property inspection services in recognizing and detecting the existence of 

any type of mold and/or other allergens and botanical substances. For further information on this topic, contact CaliforniaDepartment of Health Services' Indoor Air Quality Assistance Line (510) 620-2874 or visit its website at www.cal-iag.org.

P. VERIFICATION: Brokers have not verified and will not personally verify any of the items above, unless otherwise agreed inwriting. Buyer is advised to consult governmental, lending, insurance, architectural and other entities concerning use of the

Property.

Q. NON-CONFIDENTIALITY OF OFFERS: As a Buyer of real property, you are advised of the possibility that “sellers or sellers’representatives may not treat the existence, terms or conditions of offers as confidential unless confidentiality is required by

law, regulation, or a confidentiality agreement between the parties.” In consultation with a real estate attorney, Buyer shouldcarefully consider the relative need, value, advantage and disadvantage of requiring the execution of a confidentialityagreement as a precondition to submittal of Buyer’s offer. Such consultation should take place early enough in time for Buyer’s attorney to prepare a satisfactory confidentiality agreement (if any) and for it to be delivered to Agent prior topresentation of Buyer’s offer.

R. NOTICE OF YOUR “SUPPLEMENTAL PROPERTY TAX BILL: California

property tax law requires the Assessor to revalue real property at the time the ownership of the property changes. Because of this law, you may receive one or two supplemental tax bills,depending on when your loan closes. The supplemental tax bills are not mailed to your lender. If you have arranged for your property tax payments to be paid through an impound

account, the supplemental tax bills will not be paid by your lender. It is your responsibility topay these supplemental tax bills directly to the Tax Collector. If you have any questionsconcerning this matter, please call your local Tax Collector’s Office.

Date: 11/30/2009 Date:

Buyer : Seller:

Helmi Abu-Hamid Ahn Phillip

Buyer: Seller:

Basim Abu-Hamid Ok Hee

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Copyright© 2007 Advanced Real Estate Solutions, Inc

Page 8 of 8Form RDS Revised4/07

o Real Estateces Fitan M Khalil Ph:(408) 406-0870 Fax:(408) 904-6754

PRDS ® 

“AS-IS” ADDENDUM

Revision Date 10/05EQUAL HOUSING

REALTOR®

rdsforms.com OPPORTUNITY

s "AS-IS" Addendum is entered into betweenthose Sellers ("Seller ") who are parties to that Real Estate Purchase Contract ("Contract"), dated

ting to

("Buyer ")11/30/2009 ,

("Property").

1. In further consideration of the price and terms of sale of the Property, it is agreedthat Buyer is purchasing the Property in its present (i.e., as of time of Acceptance of the Contract), "AS IS" condition, and without warrantyfrom Seller.

2. This "AS-IS" Addendum supersedes and renders without force or effect:

(a) any provision in the Contract that would have otherwise made Seller responsible for inspections,

certifications or work relating to structural pest control issues affecting the Property, and

(b) any provision (e.g., "maintenance clause") under which Seller would have specifically warranted that

certain designated components, systems, appliances and/or other enumerated features of the Property

shall be operative, in working order, or free from damage or defect at Close of Escrow.

(NOTE: The "AS-IS" nature of this addendum does require, however, that the Property and all its components, appliances

and systems, including landscaping, be delivered at Close of Escrow in no less than the same general condition as at

time of Acceptance, unless otherwise agreed in writing. Accordingly, Seller is advised to consider obtaining a "Seller'

Coverage" home warranty to cover various aspects of the Property during pre-Close of Escrow time frames.)

3. Seller acknowledges the obligation of furnishing to Buyer all reasonably available reports and other information (of which

Seller is reasonably aware) bearing on value and desirability of the Property and , unless the transaction is exempt, of 

furnishing to Buyer a completed Transfer Disclosure Statement ("TDS") and a completed PRDS Supplemental Seller 

Checklist. This means that even personal representatives of decedents' estates, as well as other TDS-exempt sellers,

have a common law obligation to disclose information (of which they are aware) negatively bearing on value and

desirability of the Property.

4. Buyer retains full rights to secure (and acknowledges the importance of and takes responsibility for securing) full and

comprehensive inspections of the Property by competent contractors, inspectors and other qualified professionals, and

shall retain all contingency rights (including property condition contingency rights) provided for in the Contract.

5. Seller shall comply with smoke detector, water heater and all other government-mandated "point-of-sale" seller 

requirements. Seller shall remove all personal property and debris from the Property prior to Close of Escrow, unless

otherwise agreed in writing.

6. Buyer and Seller agree and affirm that there are NO EXCEPTIONS made to this "AS-IS" Addendum or, if checked

here cdef g, EXCEPTIONS AS FOLLOWS:

Date: 11/30/2009 Date:

Buyer: Seller:

Helmi Abu-Hamid Ahn Phillip

Buyer: Seller:

Basim Abu-Hamid Ok Hee

13720 SANTA TERESA BLVD, San Martin, CA 95046

Helmi Abu-Hamid, Basim Abu-Hamid

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