STIPULATION AND ORDER RE INTERLOCUTORY SALE OF REAL PROPERTY

KIMBERLY J. MUELLER, District Judge.

The United States of America, recorded owner Bi Yun Li ("Li") and lien holders James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust, dated April 12, 1994 ("Hall's"), through their counsel of record, hereby agree and stipulate as follows:

1. On August 10, 2017, a grand jury in this district indicted defendants XIU PING LI, GUI WEN PAN, XIU RU LI, DAO ZHONG WEI, YONG JIE LIU, YOU AN LI, SHUI PING ZHENG, KONG LIANG LI, GUANGZHAO LI, and HUANG CHEN, charging them with: Count One: Conspiracy to Manufacture Marijuana, in violation of 21 U.S.C. §§ 846 and 841(a)(1); Counts Two through Ten: Manufacture of Marijuana, in violation of 21 U.S.C. § 841(a)(1); Count Eleven: Conspiracy to Launder Money, in violation of 18 U.S.C. § 1956(a)(2)(A) and (h); and Counts Twelve through Fourteen: Money Laundering, in violation of 18 U.S.C. § 1956(a)(2)(A). The indictment alleged further, that upon defendants XIU PING LI, GUI WEN PAN, XIU RU LI, DAO ZHONG WEI, YONG JIE LIU, YOU AN LI, SHUI PING ZHENG, KONG LIANG LI, GUANGZHAO LI, and/or HUANG CHEN's conviction, certain property would be subject to forfeiture to the United States, including the following:

2. Bi Yun Li is the recorded owner of the real property located at 2860 Central Avenue, Roseville, California, Placer County, APN: 474-010-017-000 ("Central Avenue property") and more fully described as:

3. The parties stipulate that based on the information they have, no other persons or entities have an interest in the real property.

4. The parties agree and hereby stipulate that an order should be entered granting an interlocutory sale of the 2860 Central Avenue property as follows:

1. The real property located at 2860 Central Avenue, Roseville, California, Placer County, APN: 474-010-017-000, will be sold by recorded owner Bi Yun Li (or her designee) and shall be listed for sale and in the most commercially feasible manner, as soon as reasonably possible, for the maximum price.

2. The Title/Escrow Officer shall be instructed to send a cashier's check made payable to the U.S. Marshals Service in the amount of the net proceeds from the sale of the real property, less the amount owed to the Hall's pursuant to their Deed of Trust recorded on August 29, 2016, to the U.S. Attorney's Office, Asset Forfeiture Unit, 501 I Street, Suite 10-100, Sacramento, CA 95814.

3. The net proceeds from the sale of the real property will include all money realized from the sale of the real property, except for the following:

g. Escrow fees and expenses; and

7. Bi Yun Li (or her designee), shall be authorized to sell the real property to a buyer(s) in the most commercially feasible manner, as soon as reasonably possible, for the maximum price. All sale offers must be agreed to in writing by the U.S. Attorney's Office. If the real property has not been sold by Bi Yun Li (or her designee), by June 1, 2018, then the U.S. Marshals Service shall have authority to market and sale the real property in the most commercially feasible manner, as soon as reasonably possible, for the maximum price.

8. Each party to this Stipulation shall execute all documents and provide signatures necessary to close escrow, as required by the Title/Escrow Company.

9. All parties to this Stipulation hereby release the United States and its servants, agents, and employees from any and all liability arising out of or in any way connected with the forfeiture and sale of the real property. This is a full and final release applying to all unknown and unanticipated injuries, and/or damages arising out of said forfeiture and/or sale, as well as to those now known or disclosed. The parties to this Stipulation waive the provisions of California Civil Code § 1542, which provides:

10. Recorded owner Bi Yun Li shall maintain the real proerty in the same condition and repair as exited on the date of recording of the Lis Pendens, normal wear and tear excepted, until his custody, control, and responsobility have ceased. The term "maintain" shall include, but is not limted to, keeping the property free of hazard and structural defects; keeping all heating, air conditioning, plumbing, electrical, gas, oil, or other power facilities in good working condition and repair; keeping the property clean and performing such necessary sanitation and waste removal; and keeping the property in good condition by providing ordinary and necessary items of routine maintenance.

11. Recorded owner Bi Yun Li shall maintain all insurance policies currently in effect with respect to the real property, including hazard insurance to cover all buildings and other improvements that are now located on the property until the interlocutory sale is completed. The insurance must cover loss or damage caused by fire, hazards normally covered by "extended coverage" hazard insurance. policies, and liability to persons injured on said property and for property damage to the real property.

12. Except as specifically provided herein, recorded owner Bi Yun Li shall not convey, transfer, encumber, lien, or otherwise pledge the real property without the prior, written approval of the United States.

13. All parties are to bear their own costs and attorneys' fees.

14. The Court shall maintain jurisdiction to enforce the terms of the Stipulation and Order Regarding Interlocutory Sale of Real Property.

IT IS SO STIPULATED.

ORDER FOR INTERLOCUTORY SALE

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that:

1. The stipulation re interlocutory sale of the real property is granted.

2. The real property located at 2860 Central Avenue, Roseville, California, Placer County, APN: 474-010-017-000, and more fully described in paragraph 2, will be sold pursuant to the terms set forth above.

3. The net proceeds from the sale of the real property, less the amount owed to lien holders James R. Hall and Carol F. Hall, Trustees of the Hall Living Trust, dated April 12, 1994, pursuant to their Deed of Trust recorded on August 29, 2016, will be substituted as the res herein and held by the U.S. Marshals Service, pending further order of the Court.

IT IS SO ORDERED.