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<br />(if applicable) and (c) matters of record existing at the Contract Date that are not objected to by Buyer prior to the end
<br />of the Examination Period ("Permitted Exceptions"); provided that Seller shalt be required to satisfy, at or prior to
<br />Closing, any encumbrances that may be satisfied by the payment of a fixed sum of money, suck as deeds of trust,
<br />mortgages or statutory liens. Setter shall not enter into or record any instrument that affects the Property (or any
<br />personal property listed on Exhibit A) after the Contract Date without the prior written consent of Buyer, which
<br />consent sha[I not be unreasonably withheld, conditioned or delayed.
<br />Section 6. Conditions: This Agreement and the rights and obligations of the parties under this Agreement are hereby made expressly
<br />oenditiened upon fulfillment (or waiver by Buyer, whether explicit or implied) of the following conditions:
<br />(a) New Loaa: T'he Buyer must be able to obtain the lean, if any, referenced in Section 1{bxii). Buyer must be able to obtain a
<br />firm commitment for this loan on or before Na ,effective through the date of Closing. Buyer
<br />agrces to use its best efforts to secure such commitment and to advise Seller immediately upon receipt of lender's decision. On orbeWre
<br />the above date, Buyer has the right to terminate this Agreement for failure to obtaiathe loan referenced in Sectlen 1(bxii) by delivering
<br />to Seller written notice of termination by the above date, tune being ojt/re essence. If Buyer delivers such notice,-this Agreement shall
<br />be null and void and Earnest Money shall be refunded to Buyer. If Buyer fails to deliver such notice, then Buyer tivUt be deemed to have
<br />waived the loan condition. Notwithstanding the foregoing, after the above date, Seller may request in writing from Buyer a copy of the
<br />commitment letter. If Buyer fails to provide Seiler a copy of the commitment letter within five (5) days of receipt of Sellers request,
<br />then Seller -may terminate this Agrcemcnt by written rwtice to Buyer at any time thereafter, provided Seller has not then received a copy
<br />of the commitment Inter, and Buyer shall receive a return of Earnest Monty.
<br />(b) Oualitieation for Finanein¢: If Buyer is to: assume any Indebtedness in connection with payment of the Purchase Price,
<br />Buyer agrees to use ifs best efforts to qualify for the assumption. Should Buyer fai4 to' qualify, Buyer shall notify Seiler in writing
<br />immediately upon lender's decision, whereupon this Agreement shall terminate, and Buyer shall receive a return of Earnest Money.
<br />(c) Title-Examination: After the Contrail Date, Buyer shall, at Buyer's expense, cause a title examination to be made of the
<br />Property before the end of the Examination Period. In the event that such title examination shall show that Sepers title is not fee simple
<br />marketable and insurable, subject only to Permitted Exceptions, then Buyer shall promptlyrwtify $eater in wrldng ofall such title
<br />defects and exceptions, in n4 case later than the end of the Examination,Period, and Seller shall have thirty (30) days m cure said
<br />noticed defects. If Seller does not taro the defects or objections within thirty (30) days of notice thereof then Buyer may terminate this
<br />Agreemern and receive a return of"Earnest Money (notwidatanding that the Examination Period may have expired). If Buyer is to
<br />purchase title insurance, the insuring company must be licensed to do business in the state in which the Property is located. Title to the
<br />Property must be insurable at regular rates, subject only to standard exceptions and PermiEted Exceptions.
<br />(d) Same Condition: If the Properly is not in substantially the same condition aE Closing as of the data of the offer, reasonable
<br />wear and tear excepted, then the Buyer may (:~ tenniirate this Agreement and receive-a return of the Earnest Monty or (ii} proceed to
<br />Closing whereupon Buyer shall be entitled to receive, in addition to lire Property, aQy of the Seller's insurance proceeds payable on
<br />account of the damage or destruction applicable to the Property. '
<br />(e) Inspections: Buyer, its agents ar representatives, at Buyers expense and at reasonable times during normal business hours,
<br />shall have the-right to enter upon the Property for the purpose of inspecting, examining, performing soil boring and other testing,
<br />conducting timber cruises, and surveying the Property. Buyer shall conduct all such on--site Inspections, examinations, soil boring and
<br />other testing; limber cruises and surveying of the Properly in a good and war~nanlike mature ,shalt repair any-damage bo the Property
<br />caused by Buyer's entry and on-site inspections and shall conduct same in a manner that does not unreasonably interfere with Sellers or
<br />any LenanPs use and enjoyment of the Property. In that respect, Buyer shall make reasonable efforts to undertake on-site inspeilions
<br />outside of the hours any tenant's business is open to the public and shall give prior notirx to any tenants of any entry onto any taranE's
<br />portion of the Property for the purpose of conducting inspections. Upon Sellers request, Buyer shell provide to Seller evidence of
<br />general liability insurance. Buyer shall also have a right to:review and inspect all contracts or other agreements affecting or related
<br />directly to the Property and shall be entitled fo revi~}v' such books and records of Seller that relate directly to the operation and
<br />maintenance of the Property, provided, however, that Biryer shall not disclose any information regarding this Property (or any tenant
<br />therein) unless required by law and the same shall be regarded as confidential, to eery person, except to its attorneys, accountants,
<br />lenders and other professional advisors, in which case Buyer shall obtain their agreement to maintain such confrdentiality. Buyer
<br />assumes all responsibility for the sots of itself, its agents or representatives in exercising its rights under this Section b(e) and agrees to
<br />ix>derrtrrify -nerd-hold Seller harmless from any damages resulting therefrom.
<br />Buyer shall, at Buyers expense, promptly repair any damage to the Property caused
<br />by Buyer's entry and on-site inspections. Except as provided in Section 6(c) above, Buyer shall have from the Contract Date through the
<br />end of the Examination Period to perform the above inspections, examinations and testing. IF BUYER CHOOSES -NOT TO
<br />PURCHASE THE PROPERTY, FOR ANYI2EASON OR NO REASON, AND PROVIDES WRITTEN NOTICE TO SELLER
<br />THEREOF PRIOR TO THE EXPIRATION OF THE EXAMINATION PERIOD, THEN THIS- AGREEMENT SHALL
<br />TERMINATE, AND BUYER SHALL RECEIVE A RETURN OF THE EARNEST MONEY,
<br />Page d of'7
<br />BrEyerin€t€a~p~~~~/ SeIia iukiats STANDARD FORM 580-T
<br />PREPARED :wn..ia~~enuk ~ane~tparasa:soAat. Revised 7/1008
<br />Rmfalr"c. 02014 Re+tfutX7asatMVeRegu4red w. ofiaMn,y Cm~mnd~aprl7Rp - ®7/2009
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