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<br />PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY
<br />c,
<br />AND BILATERAL ESCROW INSTRUCTIONS
<br />THIS AGREEMENT (hereinafter "PSA"), entered into once
<br />20101Vbetween the CITY OF SANTA ANA, a charter city and municipal
<br />corporation duly organized under the Constitution and laws of the State of California
<br />(hereinafter "City" or "Buyer"), and HOC VAN NGUYEN AND DUNG THI VU, husband and wife
<br />as joint tenants (hereinafter "Seller"), regardless of number or gender;
<br />THEREFORE, for and in consideration of their mutual promises, covenants and agreements,
<br />and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and
<br />City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property")
<br />legally described as follows:
<br />SEE EXHIBIT "A" — Legal Description
<br />ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF
<br />(Commonly known as 2246 S. Evergreen Street, Santa Ana, CA 92707)
<br />(APN: 016-212-25)
<br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of
<br />the following terms, conditions, promises, covenants, agreements and provisions, to wit:
<br />1. Conveyance by Seller. Seller agrees to convey said real property to City, by Grant Deed,
<br />at the office of Commonwealth Land Title Company, 4100 Newport Place Drive, Suite 120,
<br />Newport Beach, California, within sixty (60) days from and after the date on which the City has
<br />approved this Agreement.
<br />2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise
<br />expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and
<br />clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
<br />profits, limitations, encumbrances (whether monetary or non -monetary, general or specific,
<br />including any and all leasehold interests), liens, clouds or defects in title except those exceptions
<br />shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be
<br />conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that
<br />acceptance by City of any deed to said real property, with or without knowledge of any condition,
<br />restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance
<br />(whether monetary or non -monetary, general or specific, and including any and all leasehold
<br />interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full
<br />and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might
<br />accrue to City because of the failure of Seller to convey title as hereinabove provided.
<br />3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said
<br />real property to City, within the time and at the place hereinabove specified for said conveyance
<br />of said real property, a policy of title insurance to be issued by the above mentioned title company,
<br />with the City therein named as the insured, in the amount of Four Hundred Ninety -Five Thousand
<br />and 00/100 Dollars ($495,000) insuring the title of the City to said real properties are free and
<br />clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments,
<br />profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and
<br />including any and all leasehold interests), liens, clouds or defects in title, excepting such specific
<br />ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such
<br />policy of insurance, whether such insurance complies with the requirements of this paragraph or
<br />not, shall not constitute a waiver by City of its right to such insurance as is herein required of
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