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<br />~ <br />"'. f <br />~f\~ :-, ~u~a <br /> <br />e <br /> <br />e <br /> <br />A-2008-051 <br /> <br />PURCHASE AND SALE AGREEMENT AND BILATERAL ESCROW INSTRUCTIONS <br />FOR ACQUISITION OF REAL PROPERTY <br />(Commercial) <br /> <br />THIS AGREEMENT (hereinafter "PSA"), is entered into on U)JJ~~ J , 20~, <br />between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized <br />under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and <br />Keng Tong Taing and Sing Lor Taing, Trustees of the Taing Family Trust, dated May 21,2001 <br />(hereinafter "Sellers"), regardless of number or gender; <br /> <br />Therefore, in consideration of the promises, covenants and agreements hereinafter set forth, and <br />subject to the terms, conditions and provisions hereinafter set forth, Sellers agrees to sell to City, <br />and City agrees to purchase from Sellers, all, or a portion thereof, of that certain real property <br />(hereinafter referred to as "Said Real Property") located in the State of California, County of <br />Orange, City of Santa Ana described as follows: <br /> <br />SEE EXHIBIT "A" ATTACHED HERETO <br />AND BY THIS REFERENCE MADE A PART HEREOF <br /> <br />(Commonly known as 1019 South Bristol Street, Santa Ana, California) <br /> <br />Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the <br />following terms, conditions, promises, covenants, agreements and provisions, to wit: <br /> <br />1. Convevance bv Sellers. Sellers agree to convey Said Real Property, to City, by Grant <br />Deed, at the office of LandAmerica Commercial Services, located at 1920 Main Street, 1 ih <br />Floor, Irvine, California, within one hundred twenty (120) days from and after the date on which <br />the City has approved this PSA. <br /> <br />2. Title to be Conveyed. Sellers agree that, except as may hereinafter be otherwise <br />expressly provided, Said Real Property shall be conveyed by Sellers to City, as aforesaid, free <br />and 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. Sellers hereby warrant that the title to Said Real Property to be <br />conveyed by Sellers to City shall be free and clear as provided above. Sellers further agree that <br />acceptance by City of any deed to Said Real Property, with or without knowledge of any <br />condition, restriction, reservation, exception, easement, assessment, profit, limitation, <br />encumbrance (whether monetary or non-monetary, general or specific, and including any and all <br />leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right <br />to the full, clear, and marketable title hereinabove agreed to be conveyed by Sellers to City, nor <br />of any right which might accrue to City because of the failure of Sellers to convey title as <br />hereinabove provided. <br /> <br />3. Title Insurance. Sellers agree to deliver to City, concurrently with the conveyance of <br />Page 1 of 10 <br /> <br />Sellers's Initials \0 <br /> <br />s,_ <br /> <br />