11
PS I. I I - L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP % OF REA 1.TOR.S 1 ' (Listing Firm to Setter) (As required by the Civil Code) (C.A.R. Fonn AO, Revised 12114) (if checked) This form is being provided in oorinection with a transaction fix a leasehold interest exceeding one year as per Civil Code section 2079.13(k), (I). and (m). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent In the transaction. SELLER'S AGENT A Sellers agent under a listing agreement with the Seller acts as the agent for the Seller only. A Sellers 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 inatenally 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 Buyers consent, agree to act as agent for the Buyer only. In these situations, the agent is net the Sellers agent, even If by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations' To the Buyer. A fiduciary duty 01 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 agents duties. (b)A duty of honest and her dealing and good faith (C)A duty to disclose all facts known to the agent materially affecting the value or desirability 01 the property that are not known to. or within the claigent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information attained from the other party that does not involve the affirmative duties set With 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 sittiatiOn, the agent has the tollowing affirmative obligations to both the Seller and the Buyer (3)A fiduciary duty Of utMOSt Care. integnty. honesty and loyalty in the dealings with either the Seiler or the Buyer. (b)Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller arid 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. (=suit 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 nave inane than a casual relationship to present you with this disclosure twin. You Should read its contents each time it is presented to you, considering the relationship between you and the real estate agent In your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code sot forth on page 2. Read it carefully. UWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE). Buyer 0 Buyer Agent Seller 0 Landlord Sella j Landlord 0 Tenant Date Icon' 'sopa. husky Of Soil Mope Trurt . Tenant Date Diane °HEARN DRE Licir 003E6439 By )( -c-a-4—/ Reai Estue Broker (Firm) ORE Lie. S 00355439 Date (Salesperson or Broker-Associate) Diane O'Heann Agency Disclosure Compliance (Civil Code §2079.14): . When the listing brokerage company also rept:stalls Buyer/Tenant: The listing Agent shall have one AD form signed by Seller/Landlord and a dilluent AD tom signed by Buyer/Tenant . When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Seller/Landlord and (ti) the Buyer's/Tenants Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same font is used. Seller may sign here: ISELLER/LANDLORD: DO NOT SIGN HEFtE) ISELLEFULANOLORP; PO NOT SIGN HERE) Seller/Landlord Oak, Seller/Landlord Date fA 1991-2010. California Association of REALTORS& Inc. cr AD REVISED 12/14 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2) I Monitor Reale, Muria... 1000 Pomeroy A Swam Clara CA 'CAM I SI Pixiou (41111111ti 5220 Fax nee P 01 0.110! /45119 ti 6 r

REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

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Page 1: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

PS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP

%

OF REA 1.TOR.S 1' (Listing Firm to Setter) (As required by the Civil Code)

(C.A.R. Fonn AO, Revised 12114) (if checked) This form is being provided in oorinection with a transaction fix a leasehold interest exceeding one year as per Civil

Code section 2079.13(k), (I). and (m). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent In the transaction. SELLER'S AGENT A Sellers agent under a listing agreement with the Seller acts as the agent for the Seller only. A Sellers 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 inatenally 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 Buyers consent, agree to act as agent for the Buyer only. In these situations, the agent is net the Sellers agent, even If by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations' To the Buyer. A fiduciary duty 01 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 agents duties. (b)A duty of honest and her dealing and good faith (C)A duty to disclose all facts known to the agent materially affecting the value or desirability 01 the property that are not known to. or

within the claigent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information attained from the other party that does not involve the affirmative duties set With 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 sittiatiOn, the agent has the tollowing affirmative obligations to both the Seller and the Buyer

(3)A fiduciary duty Of utMOSt Care. integnty. honesty and loyalty in the dealings with either the Seiler or the Buyer. (b)Other duties to the Seller and the Buyer as stated above in their respective sections.

In representing both Seller arid 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. (=suit 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 nave inane than a casual relationship to present you with this disclosure twin. You Should read its contents each time it is presented to you, considering the relationship between you and the real estate agent In your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code sot forth on page 2. Read it carefully. UWE ACKNOWLEDGE RECEIPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PAGE).

Buyer

0 Buyer

Agent

Seller 0 Landlord

Sella j Landlord

0 Tenant Date Icon' 'sopa. husky Of Soil Mope Trurt.

Tenant Date

Diane °HEARN DRE Licir 003E6439

By )(-c-a-4—/— Reai Estue Broker (Firm)

ORE Lie. S 00355439 Date (Salesperson or Broker-Associate) Diane O'Heann

Agency Disclosure Compliance (Civil Code §2079.14): . When the listing brokerage company also rept:stalls Buyer/Tenant: The listing Agent shall have one AD form signed by Seller/Landlord and a

dilluent AD tom signed by Buyer/Tenant . When Seller/Landlord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by

Seller/Landlord and (ti) the Buyer's/Tenants Agent shall have one AD form signed by Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same font is used. Seller may sign here:

ISELLER/LANDLORD: DO NOT SIGN HEFtE) ISELLEFULANOLORP; PO NOT SIGN HERE) Seller/Landlord Oak, Seller/Landlord Date

fA 1991-2010. California Association of REALTORS& Inc. cr

AD REVISED 12/14 (PAGE 1 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 1 OF 2)

I Monitor Reale, Muria... 1000 Pomeroy A Swam Clara CA 'CAM I SI

Pixiou (41111111ti 5220 Fax nee P010.110!

/45119

ti 6 r

Page 2: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

VI VAIL ‘0,41.11= Vla‘... I INJA0 SW 01.6.1 ivVil i. 19 Mir name.° VIII I 1111., I tWil I;

2079.13 As used in Sections 2079.14 to 2079.20, inclusive, the %lowing teens have the following mainios: (a) 'Agent' means a person acting under provicers ol Tee 9 (commencing with Section 2235) in a naal property transaction. and mcludes a person who .5 1.00.1500 as a real estate broken under Chapter 3 (oommencing with Section 10130) ot Pail 101 Drnsion 401 the Busness and Professions Code. and under whose license a [Gino is ccrocuted or an oiler to purchase is °leagued. (b) -Associate licensee' means a person who 6 licensed as a real estate broker or salporson ender Chapter 3 (convening with SectiCiii 10130) of Pad 1 of Division 4 of the Business and Pralinns Code and who is cities licensed under a broker or has entered into a written roterael with a broker to act as the broker's agent In connection with acts a:quit-nag a real estate Income and to lenclian uncle( the brokers sews-yew in the capacity ol an associate licensee. The agent in the real property tronsactian bears roonsiblity for his or her associate licensees who perform as agents of the agent When an associate licensee owes a duty to any principal. or te any buyer or seller who is note principal. In a real propcity Inntaactlun, that duly is equivalent to the duty owed to that party by the broker for whom the associate aceresee fenctiens. (c) "Buyer' means a transience in a Mal properly a/insertion. and includes a person who executes an offer to purchase real property from a seller through an agent. or who seeks the services of an agent in more than a casual, liansitory, or preliminary manrce with the object of entering alto a real properly bansaction. -Buyer includes vendee or lessee. (d) 'Commercial real property means all real property In the state, except single-family residential real property. dwelling units made subject to Chapter 2 (ocinunencing with Section 1940) Of late 5, mobilehornes. as defined in Section 798.3, or recreational vehicles, as defined in SectIce 799.29. (e) 'Dual agent" means an agent acting. either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaalon. 0) "Usdro agnaemere means a contract between an owner of real property and an agent, by which the agent has been authodeed to sell the real property or to find or obtath a buyer. (g) wtistiria agent' means a person who has obtained a listing of real property to act as an agent for compensation (h) -tasting price" Is the amount expressed in dollars specifiee in lee listing for welch the seller is willing to sell the real property through the acting agent. (i) -Offering pace' 6 me amount expressed in Cellars specified in an offer to purchase for which the buyer is willing to buy the real property. (j) "Offer to purchase' means a written otieract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) Real property" means any estate specified by subdivision (1) or (2) of Section 761 in properly that constitutes or is improved with one to four One® mos, any commercial real properly. any leasehold in these lyres of property exCeednp one years duration, and motalehomes, when offered for sale or sold through an agent pursuant to the authority remained in Section 10131.601 the Business and larMessions Code. (t) 'Real property trartsachont means a ;rarefaction for the sale of real property in which an agent 6 employed by one Or more ce the pin4a6 to act in that transaction, and incluees a listing or an offer to purchase (m) 'Sella "sale: or 'sold" (otos to a transaction for Use banister of real property from the Sella to the buyer, and includes mimeos of real property between the setae and buyer, transactions for the creation of a real property sales contract within the meaning 01 Section 2935, and transactions for the area ben of a leasehold encoding one mars duration. (n) 'Seller means the transferor in a real property transeedon, and includes an owner who lists real property with an agent. whether or not a transfer resets, or who receives an otter to purchase real property ol which he or she is the owner Worn an agent on behail of another. *SW( includes' both a vendor are a lease. (o) 'Selling agent' means a haling Went who acts awe, or an agent who acts in cooperative with a listing agent, aid who sells or finds and obtains a buyer for the real property, or an agent who locates property for a wear or who finds a buyer for a property for which no Wog exists and presents an olio to purchase to the sellers (p) -SuUagentr means a person to whom an agent delegates agency powers as proecied in Article 5 (commencing with Section 2349) of Chapter 1 of Tile 9. However. 'subagent' does not Include an associate licensee who is acting under the supervision of an agent In a real property transaction. 2079.14 tasting agents and urging 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 as provided in subdivision (c), shall obtain a signed acknceviedgement of recent from that seller or beiner, except as provided in this section or Section 2079.15, as follows: (a) The listing agent. if any. shall provide the darlefiore form to tre seiner prior to entering into the Wing agreement (b) The selling ageni shall provide the disclosure form to the seller as soon as practicable prior to presenting the toter with an offer to purchase, unless the bong agent preworear provided the seller with a copy of the disclosure form pursuant to subdivision (a). (e) Where Me selling agent does not deal on a face-teface basis with the seller, the disclosure forrn prepared by the selling agent may be furnished to the seller (and ackncheedgement of receipt obtained for the selling agent from the Seller) by the listing agent, or the seam) agent may °sever the disclosure form by Certified mail addreesed to the seller at his or her last known address, in which ace no signed acknowledgement of naceipt it required. (d) The sailing agent shall provide the disclosure earm to the buyer as soon as practicable prior to execution of the buyers offer to purchase, except that if the oiler to purchase is not prepared by the baling agent the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyei. 2079.15 In any orcurnstanoo in which the seller or buyer ref uses to son an acknov4edgenemt of receipt pursuant to Section 2079.14. the agent or an associate icensee acting for an agent, Oran set lonla sign, and dale a written declaration, of the facts of the refusal. 207916 Reproduced on Page 10! thrs AO lOMI. 2079a17 (*As seen as Pfactobble. the Vann Went shall enlace to the buyer and seller wholixx the seeing agent is Wing in the teal property bansacton exclusively as the Loyers agent exdusitety as the sellers awe a as a dual agent representing both the buyer and the seller. This relationship shall be cenennee In the contract to purchase and sell real property or in a separate waiting executed or adnnestedged by the seller. the buyer, and the setting agent prior to or coincident with execution of that oaribthel by the trifler and the septa. respectively. (b) as soon as practicable, the listing agent shall recelree to the seller whether the listing agent is acting in the real property transwdon exclusively as the seller's agent or as a dual agent representing both the buyer MC seller. This relationship Mali be confined in die contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the fisting agent prior to or coinciderc with the execution of that cone= by the seem (c) The confirmation required by subdivisions (a) and (b) shall be In the following form.

(DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): 0 the SO& exclusively. or 0 both the buyer and seller (Name of Listing Alan°

(DO NOT COMPLETE. SAMPLE ONLY) Is the agent of (check one): 0 the buyer excksively: orOthe seller exclusively: or (Name of Selling Agee if not Use same as the Listing Agent) Ober the bum WSJ seller.

Kb The disclosures and confirmation required by this section shall Win addition to the disclosure required by Section 2079.14. 2079.18 No wing agent in a real provenly transaction May act as on awl for the buyer only. when the soiling agent is also acting as :heisting agent in the tronvoction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller on buyer is nth maseseanity determinative of a particular agency relafionship between an agent and the seller or buyer. A listing tome and a selling agent may agree to share any compensation or commission paid. or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agents employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are axnplied with. 2079.21 A dual agent shall not disclose to the buyer teat Me eerier is wiling to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent Shall not diSCS3S0 to the seller that the buyer is aillio lo pay a pew greater than the offering price, without the express written consent of the buyer. This saran-, does not alter in any way the duly or responsieray of a dual agent to any principal with respect to confidential information tither than price. 2079.22 Nothing in this article precludes a listing agent from also being a setting agent, and the combination of tease functions In one agent Wee not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may oe modified or altered to change the agency relationship al any time before the performance ral the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty ol disclosure owed buyers and seem by agents are their associate licensees. subagents. and employees or to relieve agent, and their aseacene liconwes. subagents, and employees from liability for thee conduct in cnieedun with acts governed by this article or for any broach of a fiduciary duty Or a duty of disclosure.

i Pewees and beiteice Oy: eh 11 1.

19914010. Gaeta's Association of REALTORbia. Inc. (THIS FORM HAS SEEN APPROVED 1 REM. ESTATE BUSINESS SERVICES. INC. BY 7HE CALIFORNIA ASSOCIATION OF REALTORS& (CAR.). NO REPRESENTATION IS . esubectiery or rie Camerae Association orPEALMRSe MACE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC 7- - b2fi Sevin Vinpl Avenue. LosAtects. caucena sone 'TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON

AD REVISED REVISED 12114 (PAGE 2 OF 2) REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL CR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL.

DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2)

Page 3: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

CALIFORNIA CONFIRMATION OF REAL ESTATE AGENCY

A SSOc I A rION RELATIONSHIPS 411* F It EA LT() ItS (As required by the Civil Code)

(C.A.R. Form AC, Revised 04/08)

Subject Property Address 1088 Pomeroy Ave., Santa Clara, Ca. 95051

The following agency relationship(s) is/are hereby confirmed for this transaction:

LISTING AGENT: Monitor Realty

(Pont Fm Name)

is the agent of (check one): k] the Seller/Landlord exclusively; or El both the Buyer/Tenant and Seller/Landlord

SELLING AGENT: (Pnnt Firm Name)

Of not the same as Listing Agent) is the agent of (check one): Li the Buyer/Tenant exclusively; or

fl the Seller/Landlord exclusively; or 0 both the Buyer/Tenant and Seller/Landlord

INVE ACKNOWLEDGE RECEIPT OF A COPY OF THIS CONFIRMATION.

Seller/Landlord

Seller/Landlord

Buyer/Tenant

Buyer/Tenant

Date

Date

Date

Date

Kum Koga,Trustee of Shop Now trust

Real Estate Broker (Selling Firm)

By Date

Real Estate Broker

591

in Frm) Monitor Realty Q"3-zie

By Date 211 if s Duane 011earn

A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY.

Ce ISS7-2008, California Association of REALTOR&V, Inc. United States outhnight law (Tide 17 U.S. Code) trbids the unauthorized dOMbution. thwilay and reproduction of thic forrn. or any portion thereof. hy pholotopy machine or any other means. leathern!) thosimim nr czmpaterven formats. THIS FORM HAS SEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS) (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This font] is made ;wallah:0 to foal estate polthdOnals thmulth an awl:anent with or penthase nem the California Assottotion of REALTOR&&. It is not intended to identify the user as a REALTORS. REALTORS is a registered Co:active mentersNp mark which may be used oriy by members of the NATIONAL ASSOCIATION OF REALTORS00 w110 subscribe to Its Code of Ethics.

PubkarKS an: OStrirbOOC KtAL a IA le ISAINeSS 4ERVICES. a suns/day of Po CaVemaA5.50Oart000Ita /0.434.1 52b SO4/..1 WQl AvOnt•O, LOS ANOIOS. Ca:t10M4 90020

CONFIRMATION REAL ESTATE AGENCY RELATIONSHIPS (AC PAGE 1 OF 1) Muoutoe kedt, Ana.a.dn. IVA Nine*, Aw, Santa Clan.. CA X.141 Phone: 0.05)116$321.2 Fax Orman! Thaw Olka,, Produccl retr.zoomm by zoloyx 10070 s oxen IdtIc Roa9. Fraser. mcnvan 4E020 trivet zolootk

Page 4: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

4 It 1/4. rt L. I 4.• ". 4.6 I r•

ASSOCIATION 111 OF REALTORS"'

POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER - DISCLOSURE AND CONSENT

(CAR. Forrn PRBS, 11114)

A real estate broker (Bicker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual brokers or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations.

Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property.

Multiple Sellers: Broker (individually or through Its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers.

Dual Agency: If Seller Is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's properly and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property.

In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price less than the listing price; and (c) other than as set forth In (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties.

Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller.

Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships.

Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed.

SelleriE Seller

Buyer Date Buyer Date

Real Estate B e.:(Firm) Diane °HEARN DRE Lic #00355439 Date By

‘ e o'Fica....._ ORE LIG # 00355439 Date

Diane earn Real Estate Broker (Firm) ORE Lie # Date By ORE Lie # Date

44 2014, California Association of REALTORS®, Inc. United States copyright law Mae 17 U.S. Coco) forbids the unauthorized dislybutien. display and tece00:1Stiefl of tMs font. or any portion ganef, by photocopy machine of any earn means, including la:simile tx computerized fommts. MPS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORGID (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TM ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. Th8 lam e. MOO avowable to reat estate prnlessionais thmugn an agreement win or puethase from the California Assoceinnn of REALTORS®. It is not intended to identily the use as a REALTOR®. REALTORS is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to its Code of Ernie&

ii

• Ranched and Distributed by: REAL ESTATE BUSINESS SERVICES. INC.

' a subsiolafy of the CaVomia ASSOCiStiOd of REALTORSO < ... 525 Spurn Virgil Avenue. LOS Angeles. California 90020

PRE-S 11/14 (PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1)

I Dim (YMonitor Really AwsLan, IMO Mammy Mr. Santa Clan, CA ,t1A Prone retassasam Fax: was Penny

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Kuni Koga, Trustee of the Soji Koga Trust Date _LliSp Date •

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Page 5: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

A11‘ CALIFORNIA 4 S a

ASSOCIATION 1111„,-, • • iv OF REA LTO RS

WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (CAR. Form WFA, Revised 12117)

Property Address: 1089 Pomeroy Ave, Santa Clara, Ca. 95051„ 95051 (Property"). WIRE FRAUD AND ELECTRONIC FUNDS TRANSFERS ADVISORY: The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives. At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception. While wiring or electronically transferring funds is a welcome convenience, we all need to exercise extreme caution. Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring or funds transfer instructions. In those cases, the victim called the number provided to confirm the instructions, and then unwittingly authorized a transfer to somewhere or someone other than the intended recipient.

ACCORDINGLY, YOU ARE ADVISED: 1.0btain phone numbers and account numbers only from Escrow Officers, Property Managers, or

Landlords at the beginning of the transaction. 2. DO NOT EVER WIRE OR ELECTRONICALLY TRANSFER FUNDS PRIOR TO CALLING TO

CONFIRM THE TRANSFER INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number or account number included in any emailed transfer instructions.

3. Orally confirm the transfer instruction is legitimate and confirm the bank routing number, account numbers and other codes before taking steps to transfer the funds.

4. Avoid sending personal information in emails or texts. Provide such information in person or over the telephone directly to the Escrow Officer, Property Manager, or Landlord.

5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services.

If you believe you have received questionable or suspicious wire or funds transfer instructions, immediately notify your bank, and the other party, and the Escrow Office, Landlord, or Property Manager. The sources below, as well as others, can also provide information: Federal Bureau of Investigation: https://www.fbi.gov/: the FBI's IC3 at www.ic.3.gov; or 310-477-6585 National White Collar Crime Center: http://www.nw3e.org/ On Guard Online: https://www.onguardonline.gov/ NOTE: There are existing alternatives to electronic and wired fund transfers such as cashier's checks. By signing below, the undersigned acknowledge that each has read, understands and has received a copy of this Wire Fraud and Electronic Funds Transfer Advisory. Buyer/Tenant Date Buyer/Tenant Date acaandlordi>" • !Li<. Kuni Koga, Trustee of the Soft Koga Trust Date ( 2— / Sy f 'Sr Seller/Landlord

fr Date

(20162017. California Associatico o REA/70RM Inc. united States copyright WY/ rite 17 U.S. Code) lorgias the unauthorized eistrrbraion. display and reprO4vC50C Of tee, form, ir any portion thereof, by photocopy machine or any other means. including facsimile or oomputerized fomiats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS/v. NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFY:: TRANSACTION. A REAL ESTATE BROKER IS THE PERSON OUALIFIED TO ADVISE ON REAL ESTATE TRANSACTiONS, IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form is made awl:able to real estate 7reessianais through an agreerneri with orpurchase from the Ca/Morrie Association of REALTORSO. It is rot Mended to identity the user us a REALTORO. REALTOR® k; a iv)isteretl tollatve mentership Maik which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS who subscribe to its Code of Ethics.

NW:Med and Olstriburee by: REAL ESTATE BUSINESS SERVICES. INC.

atbsithay of tho CuldorrS As90uOlkiti of REALTORSO .525 South Vagi Avenue, Le€ Angeles. California 90020

WFA REVISED 12/17 (PAGE 1 OF 1) WIRE FRAUD AND ELECTRONIC FUNDS TRANSFER ADVISORY (WFA PAGE 1 OF 1)

Menkor Re.dgy Asaed.itet.. 1090 Pawns) Mr. Sans Cure. CA 9C.051 Proor.C. (.10)93.1.92.71 FaX. On. Olken PrricarrA wen npF nnnM ay ogn 18070Monn Mao Rratel. cnr.cr. MktneDzin 45026 rw•-•< etc

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Page 6: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

4111 L I r tr, SELLER'S ADVISORY

ASSOCIATION (CA.R. Form SA, Revised 12J15)

OF REA ITORS"

Property Address: 1088 Pomeroy Ave., Santa Clara, Ca 95051 ('Property)

1. INTRODUCTION: Selling property in California Is a process that Involves many steps. From start to finish, It could take anywhere from a few weeks to many months, depending upon the condition of your Property, local market conditions and other factors. You have already taken an important first step by listing your Property for sale with a licensed real estate broker. Your broker will help guide you through the process and may refer you to other professionals, as needed. This advisory addresses many things you may need to think about and do as you market your Property. Some of these things are requirements imposed upon you, either by law or by the listing or sale contract. Others are simply practical matters that may arise during the process. Please read this document carefully and, if you have any questions, ask your broker or appropriate legal or tax advisor for help.

2. DISCLOSURES: A. General Disclosure Duties: You must affirmatively disclose to the buyer, in writing, any and all known facts that materially affect

the value or desirability of your Property. You must disclose these facts whether or not asked about such matters by the buyer, any broker, or anyone else. This duty to disclose applies even if the buyer agrees to purchase your Property in Its present condition without requiring you to make any repairs. If you do not know what or how to disclose, you shOuld consult a real estate attorney in California of your choosing. Broker cannot advise you on the legal sufficiency of any disclosures you make. If the Property you are selling Is a residence with one to four units except for certain subdivisions. your broker 3150 has a duty to conduct a reasonably competent and diligent visual inspection of the accessible areas and to disclose to a buyer all adverse material facts that the inspection reveals. If your broker discovers something that could indicate a problem, your broker must advise the buyer.

B. Statutory Duties: (For one-t0-four Residential Units): (1) You must timely prepare and deliver to the buyer, among other things. a Real Estate Transfer Disclosure Statement ("TDS"),

and a Natural Hazard Disclosure Statement ('MID'). You have a legal obligation to honestly and completely fill out the TDS form in its entirety. (Many local entities or organizations have their own supplement to the TOS that you may also be asked to complete.) The NHD is a statement indicating whether your Property is in certain designated flood, fire or earthquake/seismic hazard zones. Third-party professional companies can help you with this task.

(2) Depending upon the age and type of construction of your Property, you may also be required to provide and, in Certain cases you can receive limited legal protection by providing, the buyer with booklets entitled "The Homeowners Guide to Earthquake Safety: 'The Commercial Property Owners Guide to Earthquake Safety," Protect Your Family From Lead in Your Home" and 'Environmental Hazards: A Guide For Homeowners and Buyers." Some of these booklets may be packaged together for your convenience. The earthquake guides ask you to answer specific questions about your Property's structure and preparedness for an earthquake. If you are requirect to supply the booklet about lead, you will also be required to disclose to the buyer any known lead-based paint and lead-based paint hazards on a separate form. The environmental hazards guide Informs the buyer of common environmental hazards that may be found in properties.

(3) If you know that your property is: (i) located within one mite of a former military ordnance location; or (ii) in or affected by a axle or district allowing manufacturing, commercial or airport use, you must disclose this to the buyer. You are also required to make a good faith effort to obtain and deliver to the buyer a disclosure notice from the appropriate local agency(ies) about any special tax levied on your Property pursuant to the Mello-Roos Community Facilities Act. the Improvement Bond Act of 1915, and a notice concerning the contractual assessment provided by section 5895.24 of the Streets And Highways Code (collectively, 'Special Tax Disclosures"),

(4) If the TDS, MID, or lead, military ordnance, commercial zone or Special Tax Disclosures are provided to a buyer after you accept that buyer's offer, the buyer will have 3 days after delivery (or 5 days if mailed) to terminate the offer, Which is why It is extremely important to complete these disclosures as soon as possible. There are certain exemptions from these statutory requirements: however, if you have actual knowledge Of any of these items, you may still be required to make a disclosure as the items can be considered material facts.

C. Death and Other Disclosures: Many buyers consider death on real property to be a material fact in the purchase of property. In some situations, it is advisable to disclose that a death Occurred or the manner of death: however. California Civil Code Section 1710.2 provides that you have no disclosure duty "where the death has occurred more than three years prior to the date the transferee offers to purchase, lease. or rent the real property, or [regardless of the date of occurrence' that an occupant of that property was afflicted with, or died from, Human T-Lymphotropic Virus Type III/Lymphadenopathy-Associated Virus: This law does not "immunize an owner or his or her agent from Making an intentional misrepresentation hi response to a direct inquiry from a transferee or a prospective transferee of real property, concerning deaths on the real property."

D. Condominiums and Other Common Interest Subdivisions: If the Property is a condominium, townhouse, or other property in a common interest subdivision, you must provide to the buyer copies of the governing documents, the most recent financial statements distributed, and other documents required by law or contract. If you do not have a current version of these documents, you can request them from the management of your homeowners association. To avoid delays, you are encouraged to obtain these documents as soon as possible, even if you have not yet entered Into a purchase agreement to sell your Property.

3. CONTRACT TERMS AND LEGAL REQUIREMENTS: A. Contract Terms and Conditions: A buyer may request, as part of the contract for the sale of your Property, that you pay for

repairs to the Property and other items. Your decision on whether or not to comply with a buyers requests may affect your ability to sell your Property at a specified price.

01991-2015, California 0.55008bOn of REALTORS'S,. Inc Sellers Initials ( k.. ((-- 1( SA REVISED 12/15 (PAGE 1 OF 2)

SELLER'S ADVISORY (SA PAGE 1 OF 2) 14s/ante

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niiiitor Beaky As•OCiata, 1090 Pmyttnn .‘r• Sala Clam CA %GI i415)9115-9222 For (Invalid Maw 011•13.1 Prosuom vaulzpFume by *Loon 10070 Moen Fie Road. Fraut, Pathan AWN may 70 NW NM

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- --- - B. Withholding Taxes: Under federal and California tax laws, a buyer is required to withhold a portion of the purchase price frorn

your sale proceeds for tax purposes unless you sign an affidavit of non-foreign status and California residency, or some other exemption applies and IS documented.

C. Prohibition Against Discrimination: Discriminatory conduct in the sale of real property against individuals belonging to legally protected classes is a violation Of the law.

D. Government Required Repairs, Replacements and Alterations: Under State law, Property owners with limited exceptions. are required to: (1) install operable smoke alarms and brace water heaters and provide a Buyer with a statement of compliance. Existing operable smoke alarms, that met compliance standards when installed, do no have to be removed even if not up to current legal requirements. Smoke alarms that are added or that replace older versions must comply with current law and (2) inStall carbon monoxide detection devices. Some city and county governments may impose additional requii tomtits, including, but not limited to, Installing low-flow tolets and showerheads, gas shut-off valves, tempered glass, and barriers around swirmning pools and spas. You should consult with the appropriate governmental agencies, inspectors, and other protessimals to determine which requirements apply to your Property, the extent to vdhich your Property complies with such requirements, and the costs, if any, of compliance.

E. EPA's LEAD-BASED PAINT RENOVATION, REPAIR AND PAINTING RULE: The new rule requres that contractors and maintenance professionals worldng in pre-1978 housing, child care facilities, and schools with lead-based paint be certified; that their employees be trained; and that they follow protective work practice standards. The rule applies to renovation, repair, or painting activities affecting more than six square feet of lead-based paint In a room or more than 20 square feet of lead-based paint on the exterior. Enforcement of the rule begins October 1,2010. See the EPA website at www.epa.govAead for more information.

F. Legal, Tax and Other Implications: Selling your Property may have legal, tax. Insurance, title or other implications. You should consult an appropriate professional for advice on these matters.

4. MARKETING CONSIDERATIONS: A. Pm-Sale Inspections and Considerations: You should consider doing what you can to prepare your Property for sale, such as

correcting any defects or other problems, making cosmetic improvements, and staging Many people are not aware of defects in or problems with their own Property One way to make yourself aware is to obtain orofessinnal ingnactions orior to sale. Pre-sale inspections may indude a aeneral Drumm inspection. an inspection for wood destrovino nest and oroanisms (Structural Pest Control Report) and an Inspection of the septic or well systems, if any. arnono others. By doing this, you then have an opportunity to make repairs before your Property is sold, which may enhance its marketability. Keep in mind, however, that any problems revealed by such inspection reports or repairs that have been made, whether or not disclosed in a report, should be disclosed to the buyer (see "Disclosures" in paragraph 2 above). This is true even if the buyer gets his/her own inspections covering the same area. Obtaining inspection reports may also assist you during contract negotiations with the buyer. For example, if a Structural Pest Control Report has both a primary and secondary recommendation for clearance, you may want to specify in the purchase agreement those recommendations. if any, for which you are going to pay.

B. Post-Sale Protections: It is often helpful to provide the buyer with, among other things, a home protection/warranty plan for the Property. These plans will generally cover problems, not deemed to be pre-existing, that occur after your sale is completed. in the event something does go wrong after the sale. and It Is covered by the plan, the buyer may be able to resolve the concern by contacting the home protection company.

C. Safety Precautions: Advertising and Marketing your Property for sale. Including, but not limited to, holding open houses, placing a keysafetlockbOx, erecting FOR SALE signs, and disseminating photographs, video tapes, and virtual tours of the premises, may jeopardize your personal safety and that of your Property. You are strongly encouraged to maintain insurance, and to take any and all possible precaubons and safeguards to protect yourself, other occupants, visitors. your Property, and your belongings. including cash, jewelry, drugs, firearms and other valuables located on the Property, against injury, theft, loss, vandalism, damage, and other harm.

D. Expenses: You are advised that you, not the Broker, are responsible for the fees and costs, if any, to comply with your duties and obligations to the buyer of your Property.

S. OTHER ITEMS:

Seller has read and understands this Advisory. By signing below, Seller acknowledges receipt of a copy of this document.

Seller /C: . Print Name-Ku—IV &Trust of Shaft Kona fruit

Date I 21 t

Seller Date Print Name

Real Estate Broker ksting Firm Monitor Peaky DRE Licit: 00355439 By e‘l Diane 011earn DRE Lie* 00365439 Date I 2.4 st By DRE Lic.* Date Address 1090 Pomeroy Ave City Santa Clara State CA Zip 95051-4428 Telephone f4081985-9222 Fax E-mail dkineohearnacconeastnet

(11 1991-2015. Caliteinio Arsocialkm Cl REALTORS, Inc copyright dawned in Form SA, exrAcsive of language require:I by California Civil Code §1710.2. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS 'S (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL.

ii

Publectied and Distributed by. PEAL ESTATE BUSINESS SERVICES. INC. a SubSidary Of the CalifOrnie ASSOCiefiOn Of REALTORS'S 526 &Uri WV Avenue. Los Angeles. Califonia 90020

SA RE.VISED 12/15 (PAGE 2 OF 2) SELLER'S ADVISORY (SA PAGE 2 OF 2)

:flocs wth norntinlb nv ern IA7O Felfri, Mk: Road. Fneeti. Mictnizet 450,6 weinczeinciounin Untitled

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By k - Date: \A (Sign Name of Trustee, Officer, Managing Member, Partner', Attorney-in-Fact or Administrator/Exe utor)

(Print Representative Name) Kuni Koga Yruelee

By 7 Date:

4-41% CALI FORNIA ASSOCIATION

It. 7 v. OF RE A uroks:

REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (FOR SELLER REPRESENTATIVES)

(C.A.R. Form RCSD-S. Revised 6(16)

This form is not an assignment. It should not be used to add new parties after a contract has been formed. The purpose of this form is to identify who the principal is in the transaction and who has authority to sign documents on behalf of the principal.

This is a disclosure to the 0 Purchase Agreement, g Listing Agreement, Li Other

, dated 12/05/2018 ("Agreement"), for the property known as 1088 Pomeroy Ave, Santa Clara, Ca. ("Property"), between ("Buyer", IX) Listing Broker) and Sojl Koga Trust, Kurn Koqa, Trustee ("Seller). If a trust, identify Seller as the trustee(s) of the trust or by simplified trust name (ex. John Doe, CO-trustee, Jane Doe. co-trustee or Doe Revocable Family Trust 3.). Full name of trust should be identified in 1A below. If power of attorney, insert principal's name as Seller. 1. Eg A. TRUST: (1) The Property is held in trust pursuant to a trust document, titled (Full name of Trust) Shoji Koqa

Irrevocable Trust dated

(2) The person(s) sigpIng below is/are Sole/Co/Successor Trustee(s) of the Trust. 0 B. ENTITY: Seller is a UCorporation, 0 Limited Liability Company, [T] Partnership IJ Other:

which has authorized the officer(s), managing member(s), partner(s) or person(s) signinapelow to act on its behalf. An authorizing resolution of the applicable body of the entity described above H is Iis not attached.

DC. POWER OF ATTORNEY: Seller ("Principal") has authorized the person(s) signing below ("Attomey-In-Fact", "Power of Attorney' or "POA") to act on his/her behalf pursuant to a General Power of Attorney (Li Specific Power of Attorney for the Property), dated . This form is not a Power of Attorney. A Power of Attorney must have already been executed before this form is used.

DO. ESTATE: (1) Seller is an 0 estate, 0 conservatorship, or El guardianship identified by Superior Court Case name as , Case # (2) The person(s) signing below is/are court approved representatives (whether designated as Sole or Co-Executor, Administrator, Conservator, Guardian) of the estate, conservatorship or guardianship identified above.

2. Seller's Representative represents that the trust, entity or power of attorney for which that Party is acting already exists.

Seller:

(Sign Name of Trustee. Officer, Managing Member, Partner. Attomey-in-Fact or Administrator/Executor) (Print Representative Name) Title:

Acknowledgement of Receipt By Other Party:

(Listing Broker) Monitor Fealty 3s2c. By

Diane OWe to—

(Buyer) Date: (Print Buyer Name)

(Buyer)

(Print Buyer Name) 02015-2016 California Association of REALTORS®. Inc. Weed Staitts ay./fight law (rite 17 U.S. Code) kmbkts the unauthorized eistrOlicd. display ano Niamey:ban of this tom. or ralY POrtiOn therm% by pbutozopy inadine or any odwr mean% inCSAIna faC3i1nRe Of CCinpuletizeO formats. THIS FOP®! HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS®. NO REPRESSCATION tS MACE AS TO THE LEGAL VALENTY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANsAPTION. A REAL ESTATE BROKER IS THE PERSON OuALIFtED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROCESSIONAL

EPLblistte0 anti Distributed by: REAL ESTATE BUSINESS SERVICES. INC. a suWctioty of thc California Association of REALTORSO 525 South WO Avenue. Los Angeles. Callforria 90020

RCSD-S REVISED 6/16 (PAGE 1 OF 1) REPRESENTATIVE CAPACITY SIGNATURE DISCLOSURE (RCSD-S PAGE 1 OF 1)

Sle.tlor R.4ty AvaaLubr, l0 Punerop Aw. barna Clara CA 5S0OI PINOM (401)Wr9222 cab. shoji Kna Umunt DLana Olitarri ProaKed wtth brFOort by /6b1.0lia 16070 Fatcyn mac ROO. [-raw A141-4111 43026 trral rol QV' CM"

Date: _i21/s4.4s_

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AGENT VISUAL INSPECTION DISCLOSURE CA I. I r 0 It ‘: I A (CALIFORNIA CIVIL CODE § 2079 ET SEQ.) ASSOCIA 1 ION For use by an agent when a transfer disclosure statement is 111S,

F- It LA I. TO required or when a seller is exempt from completing a TDS (CA.R. Form AVID, Revised 11/13)

This inspection disclosure concerns the residential property situated in the City of Santa Clara , State of California. described as

Santa Clara . County of 1089 Pomeroy Ave.

rProPertn L This Property is a duplex, triplex, or fourplex. This AVID form is for unit # . Additional AVID forms required for other units. Inspection Performed By (Real Estate Broker Firm Name) Monitor Realty

California law requires. with limited exceptions, that a real estate broker or salesperson (collectively. 'Agent') conduct a reasonably competent and diligent visual inspection of reasonably and normally accessible areas of certain properties offered for sale and then disclose to the prospective purchaser material facts affecting the value or desirability of that property that the inspection reveals. The duty applies regardless of whom that Agent represents. The duty applies to residential real properties containing one-to-four dwelling units, and manufactured homes (mobilehomes). The duty applies to a stand-alone detached dwelling (whether or not located in a subdivisien or a planned development) or to an attached dwelling such as a condominium. The duty also applies to a lease with an option to purchase, a ground tease Or a real property sates contract of one of those properties.

California law does not require the Agent to inspect the following: • Areas that are not reasonably and normally accessible . Areas off site of the property • Public records or permits • Common areas Of planned developments, condominiums, stock cooperatives and the like.

Agent Inspection Limitations: Because the Agents duty Is limited to conducting a reasonably competent and dligent visual inspection of reasonably and normally accessible areas of only the Property being offered for sale. there are several things that the Agent will not do. What follows is a non-exclusive list of examples of limitations on the scope of the Agent's duty.

Roof and Attic- Agent will not climb onto a roof or into an attic.

Interior: Agent will not move or look under or behind furniture, pictures, wall hangings or floor coverings. Agent will not look up chimneys or into cabinets, or open locked doors.

pxterlor Agent will not inspect beneath a house or Mei structure on the Property. clknb up or down a hillside, move or look behind plants, bushes, shrubbery and other vegetation or fences, walls or other barriers.

Aooliances and Systems: Agent will not operate appliances or systems (such as. but not limited to. electrical, plumbing, pool or spa, heating. cooling, septic, sprinkler, communication, entertainment, well or water) to determine their functionality.

Size of Property or Improvements: Agent will not measure square footage of lot or improvements, or identify or locate boundary lines, easements or encroachments.

Environmental Hazards' Agent wit not determine if the Property has mold, asbestos, lead or lead-based paint, radon, formaldehyde or any other hazardous substance or analyze soil or geologic condition.

Off-Property Conditions' By statute. Agent is not obligated to pull permits or inspect public records. Agent will not guarantee views or zoning, identify proposed construction or development or changes or proximity to transportation, schools, or law enforcement.

Analysis of Apent Disclosures' For any items disclosed as a result of Agents visual inspection, or by others. Agent wil not provide an analysis of or determine the Cause Or source of the disclosed matter, nor determine the cost of any possible repair.

What this means to you: An Agents inspection is not intended to take the place of any other type of inspection, nor is it a substitute for a full and complete disclosure by a seller. Regardless of what the Agents inspection reveals, or what disclosures are made by sellers, California Law specifies that a buyer has a duty to exercise reasonable care to protect himself or herself. This duty encompasses facts which are known to or within the diligent attention and observation of the buyer. Therefore, in order to determine for themselves whether or not the Property meets their needs and intended uses, as well as the cost to remedy any disclosed or discovered defect BUYER SHOULD: (1) REVIEW ANY DISCLOSURES OBTAINED FROM SELLER; (2) OBTAIN ADVICE ABOUT, AND INSPECTIONS OF, THE PROPERTY FROM OTHER APPROPRIATE PROFESSIONALS; AND (3) REVIEW ANY FINDINGS OF THOSE PROFESSIONALS WITH THE PERSONS WHO PREPARED THEM. IF BUYER FAILS TO DO SO, BUYER IS ACTING AGAINST THE ADVICE OF BROKER.

Buyer's initialS (

Sellers Initials ( /et*. ) ( )

02007-2013 Caltinrnia Assocolon of REALTORSO. Inc.

AVID REVISED 11/13 (PAGE 1 OF 3)

AGENT VISUAL INSPECTION DISCLOSURE (AVID PAGE 1 OF 3) Ct

Manner knit, Annie... 1990 Parrienta nen &ffitsia Clan CA Yettl I e'NGOO (401115KeD221 Fax Diane ODleani 'Went, we!" vc/-055/.0 ty Lix.cctot 150/0 1-..".N.Nr. Nrilu edail-gien 480* mai ant fle'N tan

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1088 Pomeroy Ave. Property Address: Santa Clara, Ca. 95051 Date: December 5 2018

If this Property is a duplex, triplex. or tourplex, this AVID is for unit #

Inspection Performed By (Real Estate Broker Firm Name) Monitor Realty

Inspection Date/Time: 22/04/2018 2:00 pm Weather conditions: Raining

Other persons present: THE UNDERSIGNED, BASED ON A REASONABLY COMPETENT AND DILIGENT VISUAL INSPECTION OF THE REASONABLY AND NORMALLY ACCESSIBLE AREAS OF THE PROPERTY, STATES THE FOLLOWING:

Entry (excluding common areas): Good condition . 5 Ma re-clioft4L .0_12-crt Acci Cturtio-ot

Living Room: Good Condition

Dining Room: Good Condition

Kitchen: New cabinets, counter tops, cook top, microwave oven - all in working condition. FCLA—+ ;Alera..h..ter&

Other Room:

Hall/Stairs (excluding common areas): Gnr,rf condition.

Bedroom # .1 : Master bedroom = good condition. New sink cabinet and top. light fixture,

Bedroom # 2 :Good condition. 1-t.suco Ctea0541:50.1

Bedroom # 3 : Bedroom off annum. Existing wine cooler and sauna In as-in condition.

Bath# I : Hail bathroom. New sink cabinet and top. light fixture. All in good condition.

Bath# 2 : Master Bathroom. New sink cabinet and top, ON fixture. entan:;,-41-' C g A st Ci-trortA-A

Bath#

Other Room: Tiled enclosed atrium is pan of unit and is Included in square footage. Good condition.. CI-cw-44.- tz„_.•

Buyers Initials ( ) ( )

Seller's Initials (_“_)

AVID REVISED 11/13 (PAGE 2 OF 3)

AGENT VISUAL INSPECTION DISCLOSURE (AVID PAGE 2 OF 3) Produaxl wift opF04019 by &plot* MVO COMM Mk ROK Frref. Whelan MON b62120/263ab

Page 11: REAL ESTATE AGENCY RELATIONSHIPPS I. I I- L) It IN 1 Pt UIat..LIflUflt INCI.stif[IJIPfla AS REAL ESTATE AGENCY RELATIONSHIP OF REA 1.TOR.S1' (Listing Firm to Setter) (As required by

Diane 014earn, Monitor Realty

(Aoonriate Licensee or Broker Signature)

Real Estate Broker (F epresenting Seller) irm By

Diane O'Heam

Date 1 9#1 577-17:-

1088 Pomeroy Ave. Property Address: Santa Clara, Ca. 95051 Date: December 5 2018

If this Property is a duplex, triplex, or fouiplex. this AVID is for unit # Other Room:

Other.

Other

Other:

Garage/Parking (excluding common areas): Attached carport is part of strructure. Two storage units In carport, in good condition.

Exterior Building and Yard - Front/Sides/Back: Fences and gate In good condilon, also siding and root. HOA Is responsible for repair of these items.

Other Observed or Known Conditions Not Specified Above:

This disclosure is based on a reasonably competent and diligent visual inspection of reasonably and nontally accessible areas of the Property on the date specified above. Real Estate Brok inn who perfored the Inspection) Diane O'Heam. Monitor Realty By

94t.. Date (Signature di Associate Licensee or Broker)

Reminder: Not all defects are observable by a real estate licensee conducting an inspection. The inspection does not include testing of any system or component. Real Estate Licensees are not home inspectors or contractors. BUYER SHOULD OBTAIN ADVICE ABOUT AND INSPECTIONS OF THE PROPERTY FROM OTHER APPROPRIATE PROFESSIONALS. IF BUYER FAILS TO DO SO, BUYER IS ACTING AGAINST THE ADVICE OF BROKER.

I/we acknowledge that lAve have read, understand and received a copy of this disclosure.

SELLER Kim( Koqa.Trustee of shoji Koqa Zr Date 12141, SELLER / Date

BUYER Date

BUYER Date

Real Estate Broker (Firm RepreSenting Buyer) By Date

(Associate licensee Of Broker Signature) fo 2007%2013, C.elltemia Association n: REALTOR60. Inc. untied Slates copyright law 011ie 17 U.S Cone) Irebids the unatithced delnbution, display and reproduction of this fcarL of any portion theient by photocopy machine or any tither moons. Inducing %it:senilecif computelsol *mats. This FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS& NO REPRESENTATION IS MADE AS TO TIC LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECFC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACUoNS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL This tom is matte a-alai:se to roil utile professients through an aotitinent With or purchase from the Carthemla ASSOCiabon of REALTORS& 11 ,3 not imam:ea to identify the user as a REALTORS REALTOR& IS a registered ccherbvc inianbcyship MIA which My ho used only by members of the NATIONAL ASSOCIATION OF REALTORS0 veto subscribe to IS Cale of Ethics.

IUi

Published and Dighbuted by . REAL ESTATE BUSINESS SERVICES, INC.

a raitearriory of the CALIFORNIA ASSOCIA770N OF PEAL TORSI') ' . 525 Soon Virgil Avenue. Los Angeles. Cai dome 90020

AVID REVISED tin 3 (PAGE 3 OF 3) ;:t AGENT VISUAL INSPECTION DISCLOSURE (AVID PAGE 3 OF 3)

tn., on ni 1,1•••••• Oneel [-sant 1.1.-..na,1911111 ANT I Imilitmol