Common use of Approval Period Clause in Contracts

Approval Period. If the mortgage loan is not approved within days (30 days if left blank) 98 after date of acceptance of this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the later to occur of (30 days if left blanki) 98 after date of acceptance of the forty fifth (45th) day following the Due Diligence Receipt Date, or (ii) the tenth (10th) day following the Plans and Specifications Receipt Date (herein, the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, in Purchaser’s sole discretion, with all of the Due Diligence Items, including XXXXX’s without limitation the Plans and XXXXX’s lender’s receipt of an appraisalSpecifications, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER together with all related construction documents. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. In either of such events terminating this Agreement, promptly following written request from inspections Purchaser to the Title Company, the Title Company shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further obligations hereunder except for the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Surviving Obligations.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the closing Notice or if Purchaser does not give Seller the Closing Notice prior to the expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the earlier of (30 days if left blanki) 98 after date of acceptance of the fortieth (40th) day following the Due Diligence Receipt Date or (ii) the sixtieth (60th) day following the Effective Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraphSection 4.1.1, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 will be deemed to have elected expired and the parties will proceed to proceed with consummation of this Agreement without regard Closing subject to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as all of the date of acceptance terms and conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, immediately following written request to the Escrow Agent from inspections Purchaser, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further rights or obligations hereunder except for the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Surviving Obligations.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, immediately following written request to the Escrow Agent from inspections Purchaser, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further rights or obligations hereunder except for the Property to its pre- 119 inspection conditionSurviving Obligations. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of If this Agreement through the date of closing andis terminated for any reason prior to Closing, if notPurchaser shall promptly return all Due Diligence Items (and all copies thereof) in its possession or control to Seller, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;destroy same.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the sixtieth (30 days if left blank60th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the "Approval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement: (a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended use; and (b) Purchaser's being satisfied, including XXXXX’s and XXXXX’s lender’s receipt in Purchaser's sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser's sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the "Closing Notice") to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then (I) Purchaser will be deemed to have waived its termination rights under this Section 4.1.1, (II) the financing 102 contingency periodparties will proceed to Closing, subject to all other terms and conditions of this Agreement, and (III) the Xxxxxxx Money thereupon shall become non-refundable, except as may be otherwise expressly provided in this Agreement. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER Purchaser does not terminate this Agreement give Seller the Closing Notice prior to the end expiration of the Loan Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, 105 and, in such event, neither BUYER nor SELLER party shall have a right any further obligation hereunder except for the Surviving Obligations. In either of such events terminating this Agreement, immediately following written request from Purchaser to terminate the Title Company, and without the consent or joinder of Seller being required, the Title Company shall return all of the Xxxxxxx Money to Purchaser. Notwithstanding the foregoing, Purchaser shall have the option to proceed to Closing as to less than all of the properties constituting the Property. In the event Purchaser desires to exercise such option, Purchaser shall provide Seller with written notice (the "Exercise Notice") prior to the expiration of the Approval Period, specifying (a) those properties constituting the Property that Purchaser has elected to acquire (the "Acquired Properties"), and (b) those properties constituting the Property that Purchaser has elected not to acquire (the "Non-Acquired Properties"). Upon Seller's receipt of the Exercise Notice, (i) this Agreement under this paragraphautomatically shall be deemed modified to remove all references to the Non-Acquired Properties, (ii) the binder 106 deposit Purchase Price automatically shall not be refundable because adjusted to equal the portion of BUYER’s failure the Purchase Price allocable to obtain financingthe Acquired Properties, as reflected on Schedule "B" attached hereto and incorporated herein, (iii) the portion of the Deposit allocable to the Non-Acquired Properties, as reflected on Schedule "B" attached hereto, shall be returned to Purchaser, without the consent or joinder of Seller being required, and this Agreement (iv) Seller and Purchaser shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due proceed to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due Closing with respect to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear sale and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as purchase of the date Acquired Properties only, subject to all of acceptance the other terms and conditions of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fiftieth (30 days if left blank50th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the "Approval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement: (a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended use; and (b) Purchaser's being satisfied, including XXXXX’s and XXXXX’s lender’s receipt in Purchaser's sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser's sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the "Closing Notice") to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. In either of such events terminating this Agreement, immediately following written request from inspections and investigationsPurchaser to the Escrow Agent, and BUYER will without the consent or joinder of Seller being required, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser. Notwithstanding the foregoing, Purchaser shall have the option to proceed to Closing as to less than all of the projects constituting the Property. In the event Purchaser desires to exercise such option, Purchaser shall provide Seller with written notice (the "Exercise Notice") prior to the expiration of the Approval Period, specifying (a) which project comprising the Property that Purchaser has elected to its pre- 119 inspection conditionacquire (the "Acquired Property"), and (b) which project comprising the Property that Purchaser has elected not to acquire (the "Non-Acquired Property"). These obligations Upon Seller's receipt of the Exercise Notice, (i) this Agreement automatically shall survive termination be deemed modified to remove all references to the Non-Acquired Property, (ii) the Purchase Price automatically shall be adjusted to equal the portion of the Purchase Price allocable to the Acquired Property, as reflected on Schedule "B" attached hereto and incorporated herein, (iii) the portion of the Deposit allocable to the Non-Acquired Property, as reflected on Schedule "B" attached hereto, shall be returned to Purchaser, without the consent or joinder of Seller being required, and (iv) Seller and Purchaser shall proceed to Closing with respect to the sale and purchase of the Acquired Property only, subject to all of the other terms and conditions of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the thirty-eighth (30 days if left blank38th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, immediately following written request to the Escrow Agent from inspections Purchaser, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further rights or obligations hereunder except for the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Surviving Obligations.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Exxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the forty fifth (30 days if left blank45th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fiftieth (30 days if left blank50th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date (30 days if left blankas defined in Section 9.12 below) 98 after date of acceptance of and expiring at 5:00 p.m. Central Time on the Fiftieth (50th) day following the Effective Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, with all of the Due Diligence Items; and (c) Purchaser’s lender’s receipt approval of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Actual Square Footage determined in accordance with the procedures set forth in Section 2.1 above. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If (A) During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the forty-fifth (30 days if left blank45th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, with all of the Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement as to all (but not less than all without Seller’s lender’s receipt consent) of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan self storage facilities comprising the Property by delivering written notice of such termination to Seller at any time prior to the expiration of the Approval Period, BUYER may terminate if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of all or any of the self storage facilities comprising the Property. In such event, this Agreement will terminate as of the date of such notice (or with Seller’s consent will terminate as to any specific self storage facilities that Purchaser may have elected not to purchase), and neither party shall have any further obligation hereunder except for the Surviving Obligations, unless Purchaser has elected to proceed to Closing as to any of the self storage facilities comprising the Property which is consented to by Seller, in which event this Agreement shall continue in full force and effect as to those self storage facilities comprising the Property that Purchaser has elected to acquire with Seller’s consent. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of all or any of the self storage facilities comprising the Property, then Purchaser will give written 101 notice thereof (the “Closing Notice”) to Seller, prior to the Seller within expiration of the Loan Approval Period, or which Closing Notice shall designate the self storage facilities comprising the Property that Purchaser has elected to acquire. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived its termination rights under this Section 4.1.1 as to the financing 102 contingency periodself storage facilities covered by the Closing Notice, and the parties will proceed to Closing as to the self storage facilities covered by the Closing Notice, subject to all other terms and conditions of this Agreement; provided, however, if Purchaser is seeking to close on less than all of the self storage facilities, then Seller must approve and consent thereto or otherwise the Agreement shall terminate and neither party shall have any further obligation hereunder except for the Surviving Obligations. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER Purchaser does not terminate this Agreement give Seller the Closing Notice prior to the end expiration of the Loan Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, 105 and, in such event, neither BUYER nor SELLER party shall have a right any further obligation hereunder except for the Surviving Obligations. In either of such events terminating this Agreement, immediately following written request from Purchaser to terminate this Agreement under this paragraphthe Title Company, the binder 106 deposit Title Company shall not return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be refundable because provided by Seller. In the event that Purchaser elects to acquire less than all of BUYER’s failure to obtain financing, the self storage facilities comprising the Property and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed Seller gives its consent thereto then (i) the Purchase Price, and should Buyer not terminate this Agreement within 110 Price shall be reduced by the Loan Approval Period due portion of the Purchase Price allocable to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain self storage facilities comprising the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects that Purchaser has elected not to have inspections and investigations performedacquire, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3on Schedule “C” attached hereto, BUYER accepts and (ii) Purchaser shall receive a refund of that portion of the Xxxxxxx Money allocable to the self storage facilities comprising the Property in its that Purchaser has elected not to acquire, also as set forth on Schedule “AS ISC” 117 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;attached hereto.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “ Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the sixtieth (30 days if left blank60th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the "Approval Period"), the following matters shall be conditions precedent to Purchaser's obligations under this Agreement: (a) Purchaser's being satisfied in Purchaser's sole discretion that the Property is suitable for Purchaser's intended use; and (b) Purchaser's being satisfied, including XXXXX’s and XXXXX’s lender’s receipt in Purchaser's sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser's sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the "Closing Notice") to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. In either of such events terminating this Agreement, immediately following written request from inspections and investigationsPurchaser to the Escrow Agent, and BUYER will return without the Property to its pre- 119 inspection condition. These obligations shall survive termination consent or joinder of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notSeller being required, the time for inspections and investigations will 124 be extended by Escrow Agent shall return all of the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license Xxxxxxx Money to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Purchaser.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Pacific Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Due Diligence Delivery Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on June 11, 2018 (30 days if left blank) 98 after date of acceptance of the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended uses; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt of an appraisalsole discretion, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called with the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by written 101 notice thereof to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides for any reason or no reason not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will be deemed to have terminated as of the date of such notice and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that Purchaser does not desire to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Termination Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser fails to timely give Seller the Termination Notice, Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as conditions precedent set forth in this paragraph 3Section 4.1.1, BUYER accepts and the Property in its “AS IS” 117 condition parties will proceed to Closing, subject to all other terms of this Agreement. If Purchaser provides Seller with the Termination Notice prior to the expiration of the Approval Period, then this Agreement will terminate as of the date Seller receives the Termination Notice and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. In the event of acceptance such termination of the Agreement, immediately following written request from Purchaser to the Title Company, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which may be given by Seller, then Title Company shall return the Xxxxxxx Money to Purchaser. If this Agreement terminates for any reason, then Purchaser shall (i) return to Seller or destroy all documents that have been provided to Purchaser by Seller relating to the Property, except for electronic copies or emailed copies which shall be retained by Purchaser in accordance with Purchaser’s corporate document retention policies and maintained in a confidential manner in accordance with the confidentiality obligations under this Agreement. BUYER will be responsible for repair , and (ii) upon execution of a non-reliance letter reasonably acceptable to Purchaser and Seller, deliver to Seller copies of all damages 118 to third-party Property inspection reports, assessments or studies (excluding Purchaser proprietary materials, attorney-client work product or other privileged materials) that have been prepared for Purchaser in connection with Purchaser’s review of the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection conditionwithout representation or warranty by Purchaser. These obligations This provision shall survive the termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the thirty fifth (30 days if left blank35th) 98 after date of acceptance of day following the Effective Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for such obligations which by their terms expressly survive the termination of this Agreement (the “Surviving Obligations”). If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If In the mortgage loan is not approved within days (30 days if left blank) 98 after date of acceptance of this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER event Buyer does not terminate this Agreement pursuant to Section 6.6 above, then upon the expiration of the Study Period, Buyer shall deliver to Seller a list of all necessary licenses, approvals and permits required under Applicable Law (the "Approvals") for the Property to be used by Buyer for manufacturing, warehousing, distribution of beer and related products, a tour center and general office uses (the "Proposed Use"). Buyer shall have until the expiration of the Approval Period to diligently pursue the issuance of the Approvals and Seller agrees to execute any and all papers presented to it by Buyer in connection with such Approvals, provided, however, that (a) Seller shall have no responsibility or liability whatsoever, financial or otherwise, with respect to any such Approvals and (b) any Approvals that may have an impact upon other land owned by Seller or its Affiliates [*] Indicates that information has been omitted and filed separately with the Securities and Exchange Commission pursuant to a request for confidential treatment. shall be subject to the approval of Seller, which approval shall not be unreasonably withheld, conditioned or delayed. Applications for the foregoing Approvals may be filed by Buyer in the name of, or on behalf of Seller, subject to Seller's prior approval of said applications, not to be unreasonably withheld conditioned or delayed. The parties acknowledge that Buyer and Seller, or an Affiliate of Seller, have entered into a Consulting Agreement of even date herewith regarding the Approvals. The obligations of the parties hereto are separate and independent of the obligations of the parties under the Consulting Agreement, and the obligations of the parties hereunder shall not be affected thereby. Without limiting Buyer's other rights and remedies hereunder, if Buyer fails to obtain the Approvals, then prior to the end expiration of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to either: (i) terminate this Agreement, by providing written notice of such election to Seller, and receive a return on the refundable portion of the Deposit pursuant to Article 10; or (ii) elect to extend the Approval Period for an additional thirty (30) days. Buyer shall have the right to exercise such thirty (30) day extension of the Approval Period no more than [*] times, provided that at the time of each such extension Buyer pays directly to Seller an additional, non-refundable deposit (subject to Section 17.2) of [*] with the Escrow Agent, to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 credited to Buyer against the Purchase Price at the time of the Closing (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systemssuch additional deposits shall be included within the definition of "Deposit"), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the forty-fifth (30 days if left blank45th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, immediately following written request to the Escrow Agent from inspections Purchaser, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further rights or obligations hereunder except for the Property to its pre- 119 inspection conditionSurviving Obligations. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;.

Approval Period. If the mortgage loan is not approved within days (30 days if left blank) 98 after date of acceptance of this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. . 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;until

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the forty fifth (30 days if left blank45th) 98 after date of acceptance of day following the Effective Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If the mortgage loan is not approved within days (30 days if left blank) 98 99 after date of acceptance of this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required 100 repairs/replacements/treatments, marketable title and survey 100 mapsurvey, hereinafter called the Loan Approval Period, 101 BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, 102 or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this 103 Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to 104 terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of 105 BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 106 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 107 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 108 elects not to have inspections and investigations performed, or fails to make a timely request for 116 109 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 110 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 111 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 112 inspection condition. These obligations shall survive termination of this Agreement. 120 113 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 114 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 115 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 116 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 117 be extended by the time access was denied, but not less than 2 days. 125 118 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 119 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 120 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 121 maintain the items inspected. XXXXX BUYER and BUYER’S Broker have the right to be present during all 129 122 inspections and investigations. The inspections and investigations include, but are not limited to: 130 123 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 124 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 125 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, 126 defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and 127 environmental and sinkhole conditions; 128 (2) inspecting for active infestation and/or damage from termites and other wood-destroying 129 organisms; and 130 (3) determining if the Property is in a Community Development District (CDD) and, if so, the costs 131 associated with the CDD, verifying the cost and availability of insurance, that 132 condominium/homeowner’s association insurance is satisfactory to BUYER and BUYER’s lender, 133 verifying square footage measurements, and reviewing applicable zoning and historic 134 classifications, and covenants, restrictions, and easements, rules, and other governing documents 135 conditions;affecting the Property. 136 If BUYER determines, in BUYER’s sole and absolute discretion, that the Property is not acceptable 137 to BUYER for any reason, BUYER may prior to the expiration of the Inspection Period: 138 • terminate this Agreement by delivering written notice of termination to SELLER together with a copy 139 of all written reports, if any, of inspections and investigations if such reports are requested by 140 SELLER; or 141 • submit BUYER’s written request to SELLER for repairs/replacements/treatments, together with a 142 copy of all written reports, if any, of inspections and investigations. BUYER and SELLER shall have 143 7 days from SELLER’s receipt of such request within which to enter into a written agreement 144 for repairs/replacements/treatments. If BUYER and SELLER have not entered into such 145 written agreement within the 7 days, then BUYER may terminate this Agreement by giving 146 written notice of termination to SELLER within 3 days after the 7 days, or be deemed to have 147 accepted the Property without repairs/replacements/treatments except as may otherwise be 148 provided in this Agreement. BUYER'S request for repairs/replacements/treatments or written 149 agreement between BUYER and SELLER as to same shall not eliminate BUYER's right to 150 terminate this Agreement at any time within the Inspection Period. 151 If this Agreement is terminated as provided in this paragraph, BUYER and SELLER shall be released 152 from all further obligations under this Agreement except as otherwise provided in this paragraph 3. 153 Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide SELLER with paid 154 receipts for all investigations and inspections, if any. 155 BUYER shall be responsible for prompt payment for all of BUYER’s inspections and investigations. 156 BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and 157 costs which may arise out of any contract, agreement, or injury to any person or property as a result of 158 any activities of BUYER and BUYER’s agents and representatives relating to inspections and 159 investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing 160 conditions of the Property or out of SELLER’s negligence, willful acts or omissions. 161 SELLER shall have any agreed upon repairs/replacements/treatments completed by appropriately 162 licensed persons within 10 days after entering into a written agreement for such with BUYER and 163 receipt by SELLER of written notice of BUYER’s loan approval, if applicable. SELLER shall notify 164 BUYER in writing upon completion of all agreed upon repairs/replacements/treatments and provide 165 BUYER with copies of all receipts for same at that time. BUYER may, within 3 days after receipt of 166 SELLER’s written notice and delivery of such receipts, reinspect the Property solely to verify that 167 SELLER has completed the agreed upon repairs/replacements/treatments. No other 168 repair/replacement/treatment issues may be raised as a result of this reinspection. 169 Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER 170 has maintained the Property in the condition required in this Agreement.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the forty fifth (30 days if left blank45th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and notwithstanding any contrary instructions which might be provided by Seller, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting expiration of the Approval Period and has not previously terminated this Agreement by written notice to Seller, then this Agreement automatically shall terminate upon the expiration of the Approval Period, and, in such event, immediately following written request to the Escrow Agent from inspections Purchaser, the Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigationsnotwithstanding any contrary instructions which might be provided by Seller, and BUYER will return neither party shall have any further rights or obligations hereunder except for the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Surviving Obligations.

Approval Period. If During the mortgage loan is not approved within days period (the “Approval Period”) commencing on the Effective Date and expiring at 5:00 p.m. Central Standard Time 30 days if left blankthereafter (the “Due Diligence Date”) 98 after date of acceptance of the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended uses; and (b) Purchaser’s being satisfied, in Purchaser’s sole discretion, with the items listed in Section 4.1(a) through Section 4.1(r) above, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER information reflected therein. Purchaser may (but shall not be obligated to) terminate this Agreement by written 101 notice thereof to Seller at any time on or before the Seller within expiration of the Loan Approval Period, if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Membership Interests contemplated hereby. In such event, then this Agreement will be deemed to have terminated as of the date of such notice and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that Purchaser desires to consummate the purchase of the Membership Interests contemplated hereby, then Purchaser will give written notice thereof (the “Approval Notice”) to Seller on or before the expiration of the Approval Period. In the event that Purchaser timely gives Seller the Approval Notice, Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior any objection with respect to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement inspections under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date will proceed to Closing, subject to all other terms and conditions of closingthis Agreement. If Buyer Purchaser does not give Seller the Approval Notice on or before the expiration of the Approval Period and has not previously terminated this Agreement within the Loan Approval 108 Period due by written notice to failure to obtain Loan ApprovalSeller, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate then this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 will be deemed to have elected terminated as of the expiration of the Approval Period and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. In either of such events terminating the Agreement, within three (3) business days following written request from Purchaser to proceed with consummation the Escrow Company without joinder by Seller, the Escrow Company shall return all of the Xxxxxxx Money to Purchaser. In the event that this Agreement is terminated without Closing for any reason, the Purchaser shall return, at its sole cost and expense, all documents and copies thereof which it has received from the Seller in regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in or its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as title within five (5) business days of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;date.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the Forty-Fifth (30 days if left blank45th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notTitle Company, the time for inspections Title Company shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If Seller shall file, pursue and obtain from the mortgage loan is applicable governmental agencies the Approvals in accordance with Section 19.2 of this Agreement. On June 4, 2008 Seller filed the application for the Site Plan Special Permit with the Burlington Planning Board. Seller shall use diligent efforts to file all other applications for the other Approvals by the deadlines noted on Exhibit I and shall use diligent efforts to Obtain the Approvals by October 4, 2008 (the “Approval Contingency Date”). Either Purchaser or Seller shall have the right to extend the Approval Contingency Date for one or more periods, but in no event more than sixty (60) days from the original Approval Contingency Date, upon written notice to the other party, which written notice (if given by Seller) shall be accompanied with a report of the status of the Approvals. In the event that Seller has not approved within days Obtained the Approvals on or before the Approval Contingency Date, as the same may have been extended, then Purchaser shall have the right to (30 days if left blanka) 98 after date of acceptance terminate this Agreement by sending written notice to the Seller on the Approval Contingency Date, whereupon the Title Company shall be instructed to return the Deposit plus any accrued interest to Purchaser and this Agreement shall terminate and be null and void, except for those obligations that expressly survive the termination of this Agreement, including XXXXX’s (b) elect to waive the requirement for the Approvals to have been Obtained and XXXXX’s lender’s receipt proceed to Closing as provided herein, or (c) elect to extend the Approval Contingency Date for an additional thirty (30) day period during which Purchaser shall have the right to attempt to Obtain the outstanding Approvals, which period shall be extended for up to an additional thirty (30) day period if any such Approvals are the subject of an appraisalany appeal. If Purchaser is unable to Obtain the Approvals after extending the Approval Contingency Date as provided in subsection (c) of the foregoing sentence, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER may Purchaser shall elect to either terminate this Agreement by written 101 notice Agreement, or waive the Approvals contingency in accordance with the terms of subsection (a) or (b), respectively, of the foregoing sentence. In addition to the Seller within payment of the Loan Design Costs, Purchaser shall be responsible for the payment of all costs in connection with Obtaining the Approvals (the “Approval Period, or Costs”). The Approvals shall be deemed to have waived been “Obtained” by Seller upon the financing 102 contingency period. If BUYER has so terminated, upon written request expiration of any and all appeal period(s) after the granting of all of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to Approvals if no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under this paragraphappeal has been filed or if one or more appeals is filed, the binder 106 deposit date on which all such appeals have been dismissed and the Approvals upheld; provided, that the Approvals shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected been Obtained if the Approvals are subject to proceed with consummation any conditions or requirements which are not acceptable to Purchaser in its reasonable discretion. Seller shall diligently challenge and prosecute any appeal of this Agreement without regard the Approvals at Purchaser’s expense both before and after the Closing, subject to the amount consent and approval of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property Purchaser in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;each instance.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the thirty-fifth (30 days if left blank35th) 98 after date of acceptance of day following the Due Diligence Receipt Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If 7.1 Purchaser shall have until 5:00 P.M. Eastern Standard Time on July 22, 2005 to make such inquiries with regard to the mortgage loan is not approved within days (30 days if left blank) 98 after date of acceptance of property, and inspection thereof as permitted by this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called as Purchaser shall deem appropriate to determine the Loan Approval Period, BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request suitability of the SELLER, BUYER Property for Purchaser's intended use and acquisition. Purchaser shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of have the BUYER. If BUYER does not terminate this Agreement right at any time prior to the end expiration of the Loan Approval Period to cancel this Agreement if Purchaser is not satisfied with the Property for any reason whatsoever, in Purchaser's sole discretion. Such cancellation shall be effected by giving written notice of cancellation to Seller or Seller's agent prior to expiration of the Approval Period. In the event such notice of cancellation is given by Purchaser the Initial Deposit and all accrued interest, 105 neither BUYER nor SELLER if any, shall have a right be paid to terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property Seller in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as consideration of the date of acceptance of this Agreement. BUYER will option granted to Purchaser as described above whereupon the parties shall be responsible for repair relieved of all damages 118 further obligations hereunder. 7.2 Upon reasonable notice to Seller and the existing subtenant under the sublease, Seller hereby grants to Purchaser access to the Property resulting from to make any and all inspections and investigations, and BUYER will return of the condition of the Property to its pre- 119 inspection condition. These obligations shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make that the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraphPurchaser deems necessary, and agrees to have all 122 utilities (including, but not limited to, electricitysoil borings, fuel/gas engineering including structural engineering studies, environmental audits, surveys and water) active inspections which inspections are to be undertaken at the sole cost and expense of Purchaser. Seller agrees to permit Purchaser the use of any plans and specifications relating to the construction of the Property as well as any permits, construction contracts and reports and inspections related to the development of the Property. Purchaser shall hold and save harmless Seller from any liability, including attorney's fees, as a result of any damages that occur from Purchaser's investigations on the date of acceptance 123 of Property. Purchaser agrees that in the event that the Purchaser cancels this Agreement through pursuant to this paragraph Purchaser shall deliver to the date of closing andSeller an affidavit stating that all laborers, if not, materialmen or contractors which have supplied material or performed services at Purchaser's request on the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required toProperty, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;been paid in full.

Approval Period. If During the mortgage loan is not approved within period commencing on the date that Purchaser certifies to Seller in writing that it has received all of the Due Diligence Items in Seller’s possession, but in no event later than three (3) business days following the Effective Date, and expiring at 5:00 p.m. Central Time on the sixtieth (30 60th) day after the Effective Date (the “Approval Period”) [the Seller and Purchaser acknowledging that the Approval Period can be only a maximum of sixty three (63) days if left blank) 98 after date of acceptance of from the Effective Date], the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied in Purchaser’s sole discretion that the Property is suitable for Purchaser’s intended use; and (b) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXX’s lender’s receipt sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, or if, in Purchaser’s sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further obligation hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further obligation hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If During the mortgage loan is not approved within days period commencing on the Effective Date and expiring at 5:00 p.m. Central Time on the fortieth (30 days if left blank40th) 98 after date of acceptance of day following the Effective Date (the “Approval Period”), the following matters shall be conditions precedent to Purchaser’s obligations under this Agreement: (a) Purchaser’s being satisfied, including XXXXXin Purchaser’s and XXXXXsole discretion, that the Property is suitable for Purchaser’s lenderintended use; and (b) Purchaser’s receipt being satisfied, in Purchaser’s sole discretion, with all of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called the Loan Approval Period, BUYER Due Diligence Items. Purchaser may (but shall not be obligated to) terminate this Agreement by delivering written 101 notice of such termination to Seller at any time prior to the Seller within expiration of the Loan Approval Period, if, in Purchaser's sole and absolute discretion, Purchaser decides not to consummate the purchase of the Property contemplated hereby. In such event, this Agreement will terminate as of the date of such notice, and neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. If, in Purchaser’s sole and absolute discretion, Purchaser determines that it desires to consummate the purchase of the Property contemplated hereby, then Purchaser will give written notice thereof (the “Closing Notice”) to Seller, prior to the expiration of the Approval Period. In the event that Purchaser provides Seller with the Closing Notice, then Purchaser will be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement its termination rights under this paragraph, the binder 106 deposit shall not be refundable because of BUYER’s failure to obtain financingSection 4.1.1, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due parties will proceed to failure Closing, subject to obtain Loan Approval, all other terms and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performed, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of the date of acceptance conditions of this Agreement. BUYER will be responsible for repair of all damages 118 If Purchaser does not give Seller the Closing Notice prior to the Property resulting from inspections expiration of the Approval Period and investigationshas not previously terminated this Agreement by written notice to Seller, and BUYER will return then this Agreement automatically shall terminate upon the Property to its pre- 119 inspection conditionexpiration of the Approval Period, and, in such event, neither party shall have any further rights or obligations hereunder except for the Surviving Obligations. These obligations shall survive termination In either of such events terminating this Agreement. 120 (A) Access and Utilities: SELLER will make , immediately following written request from Purchaser to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if notEscrow Agent, the time for inspections Escrow Agent shall return all of the Xxxxxxx Money to Purchaser, without the consent or joinder of Seller being required and investigations will 124 notwithstanding any contrary instructions which might be extended provided by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;Seller.

Approval Period. If (a) During the mortgage loan is not approved within days (30 days if left blank) 98 after period from the date of acceptance this Agreement to 5 p.m., Pacific Standard Time, on the date that is twenty (20) days after the Effective Date (the “Approval Period”), Buyer shall in accordance with this section 1.2, in good faith and with diligence, at Buyer’s sole cost and expense, review and investigate the physical and environmental condition of this Agreementthe Property, including XXXXX’s the character, quality and XXXXX’s general utility of the Property, the zoning, land use, environmental and building requirements and restrictions applicable to the Property, the state of title to the Property and the Leases and the service contracts and agreements pertaining to the Property described in Schedule 3 attached hereto (the “Service Contracts”). Buyer shall be responsible for ordering and paying the cost of any survey of the Property (the “Survey”) that may be required by Buyer or its lender’s receipt of an appraisal. Buyer shall determine whether or not the Property is acceptable to Buyer within the Approval Period. If, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called during the Loan Approval Period, BUYER may terminate this Agreement Buyer determines that the Property is not acceptable, Buyer shall have the right, by giving written 101 notice to Seller on or before the Seller within last day of the Loan Approval Period, or be deemed to have waived the financing 102 contingency periodterminate this Agreement. If BUYER has so terminated, upon written request of Buyer exercises the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to terminate this Agreement under in accordance with this paragraphsection 1.2, this Agreement shall terminate as of the date such termination notice is given by Buyer, in which event the Deposit (defined below) shall be returned to Buyer and neither party shall have any further obligations hereunder, except any obligations that expressly survive termination or this Agreement. If Buyer does not exercise the right to terminate this Agreement in accordance with this section 1.2, this Agreement shall continue in full force and effect, and Buyer shall have no further right to terminate this Agreement pursuant to this section 1.2. (b) Within two (2) business days after the Effective Date, to the extent in Seller’s possession or control, Seller shall deliver to Buyer the following items (collectively the “Diligence Documents”): (i) copies of all plans and specifications for the Property, logs and manuals for building equipment, if any, and governmental reports and permits that Seller has in Seller’s possession or control, without request to or investigation of third parties. Additionally, Seller shall permit Buyer to examine the structural, mechanical, electrical, plumbing, roof, foundation, soils and environmental condition of the Real Property, and Seller shall provide to Buyer copies of the materials described in Schedule 4 attached hereto. (ii) copies of all the Leases and Service Contracts and all correspondence files relating to the foregoing. (iii) copies of all of Seller’s books and records relating to the operation of the Property including, without limitation, the binder 106 deposit following documents that Seller has in its possession or control: (A) copies of all certificates of occupancy, licenses, permits, authorizations, zoning letters and approvals required by law and issued by all governmental authorities having jurisdiction over the Property and copies of all certificates issued by the local board of fire underwriters (or other body exercising similar functions); (B) copies of each xxxx for current real estate, personal property and possessory interest taxes, water charges and other utilities; (C) copies of all records and files relating to the operation and maintenance of the Property, including operating statements for the past three (3) years; (D) copies of any surveys of the Real Property; (E) copies of all contractors’, manufacturers’ and dealer warranties or guarantees relating to the Property; (F) copies of all written notices of violations or alleged violations, if any, of all applicable laws, rules or regulations, including, without limitation, the Americans with Disabilities Act and zoning and environmental laws related to the Property; (G) copies of any current open claims made on any insurance policies related to the Property; and (H) copies of all utilities bills related to the Property for the past two (2) years. (c) Notwithstanding anything to the contrary herein, Seller shall not be refundable because required to provide, copy or make available to Buyer (and the Diligence Documents shall not include) any internal memoranda pertaining to valuation or financial issues or analysis, information which is subject of BUYER’s failure a confidentiality agreement between Seller and a third party, appraisals and valuation reports and similar information or information covered by attorney-client privilege. Buyer acknowledges that the materials relating to the Property to be furnished by Seller to Buyer contain confidential and proprietary information. Buyer agrees to keep all such information confidential and not to disclose any such information to any third party except to the extent necessary to carry out the responsibilities of Buyer pursuant to this section 1.2 or to obtain financingfinancing for the Property (including Buyer’s attorneys, accountants and this Agreement employees; provided that Buyer shall 107 continue through the date of closingbe obligated to ensure such information remains confidential). If Buyer has not terminated this Agreement within exercises the Loan Approval 108 Period due right to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement in accordance with this section 1.2, Buyer shall, within 110 five (5) days after the Loan Approval Period due termination date, return to Seller all copies of all materials relating to the appraised value failing to equal Property theretofore furnished by Seller. No representation or exceed warranty in respect of any documents, reports, studies, information or other materials (including the Purchase Price, Buyer accuracy or completeness thereof) is or shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard be made or provided by Seller relating thereto or to the amount of 112 the appraised valuation. 113 3. MAINTENANCEProperty or otherwise, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closingand Buyer hereby acknowledges that no representations or warranties, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performedeither express or implied, or fails to make a timely request for 116 repairs/replacements/treatments were made by Seller (other than as expressly set forth in this paragraph 3Agreement or the documents and instruments executed by Seller in connection with this Agreement) with respect to any of the foregoing. To the extent any person or entity, BUYER accepts other than Seller as expressly set forth herein, including any surveyors, appraisers, title agents, tenants, escrow agent, attorneys, engineering consultants or environmental consultants, made any representations or warranties (other than as expressly set forth in section 5.1) or any other statements (verbal or written) to Buyer, or provided any documents, reports, studies, information or other materials, Buyer acknowledges it shall have no claim or right of action against Seller arising therefrom, nor any right to rescind or revoke this Agreement on account thereof. (d) Buyer shall indemnify and defend Seller and Seller Parties (as defined herein) against and hold Seller and Seller Parties (as defined herein) harmless from all claims, demands, liabilities, losses, damages, costs and expenses, including reasonable attorneys’ fees and disbursements (collectively, “Claims”), arising from any entry on the Property in its “AS IS” 117 condition as of prior to the date of acceptance Closing Date or termination of this Agreement. BUYER will be responsible for repair , whichever occurs first, by Buyer or any of all damages 118 Buyer’s representatives, except to the Property resulting extent that such Claims arise or result solely from inspections and investigations, and BUYER will return the Property to its pre- 119 inspection conditiongross negligence or willful misconduct of Seller or Seller Parties. These obligations The foregoing indemnity shall survive the Closing, or in the event that the Closing does not occur, the termination of this Agreement. 120 (A) Access If this Agreement is terminated for any reason other than Seller’s default and Utilities: SELLER will make Seller, at Seller’s option, requests any reports relating to the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended Buyer by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement third parties (“Inspection 126 PeriodBuyer Reports”), BUYER mayBuyer shall deliver such Buyer Reports to Seller without representation or warranty of any kind, but express or implied, provided that Seller reimburses Buyer for the reasonable, out-of-pocket, third-party costs thereof. Notwithstanding anything to the contrary herein, Buyer shall not be required to provide, copy or make available to Seller any internal memoranda pertaining to valuation or financial issues or analysis, information which is not required tosubject of a confidentiality agreement between Buyer and a third party, have the Property inspected appraisals and investigated valuation reports and similar information or information covered by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, leadattorney-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;client privilege.

Approval Period. If the mortgage loan is not approved within days (30 days if left blank) 98 99 after date of acceptance of this Agreement, including XXXXX’s and XXXXX’s lender’s receipt of an appraisal, 99 without contingencies other than lender-required 100 repairs/replacements/treatments, marketable title and survey 100 mapsurvey, hereinafter called the Loan Approval Period, 101 BUYER may terminate this Agreement by written 101 notice to the Seller within the Loan Approval Period, 102 or be deemed to have waived the financing 102 contingency period. If BUYER has so terminated, upon written request of the SELLER, BUYER shall provide 103 to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this 103 Agreement prior to the end of the Loan Approval Period, 105 neither BUYER nor SELLER shall have a right to 104 terminate this Agreement under this paragraph, the binder 106 deposit shall not be refundable because of 105 BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due to the appraised value failing to equal or exceed the Purchase Price, Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 106 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 107 closing, except for normal wear and tear and any agreed upon repairs/replacements/treatments. If BUYER 115 108 elects not to have inspections and investigations performed, or fails to make a timely request for 116 109 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 110 condition as of the date of acceptance of this Agreement. BUYER will be responsible for repair of all damages 118 111 to the Property resulting from inspections and investigations, and BUYER will return the Property to its pre- 119 112 inspection condition. These obligations shall survive termination of this Agreement. 120 113 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 114 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 115 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 116 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 117 be extended by the time access was denied, but not less than 2 days. 125 118 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 119 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 120 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 121 maintain the items inspected. XXXXX and BUYER’S Broker have the right to be present during all 129 122 inspections and investigations. The inspections and investigations include, but are not limited to: 130 123 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 124 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 125 freshwater ground permeation and intrusion, the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, 126 defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and 127 environmental and sinkhole conditions; 128 (2) inspecting for active infestation and/or damage from termites and other wood-destroying 129 organisms; and 130 (3) determining if the Property is in a Community Development District (CDD) and, if so, the costs 131 associated with the CDD, verifying the cost and availability of insurance, that 132 condominium/homeowner’s association insurance is satisfactory to BUYER and XXXXX’s lender, 133 verifying square footage measurements, and reviewing applicable zoning and historic 134 classifications, and covenants, restrictions, and easements, rules, and other governing documents 135 conditions;affecting the Property. 136 If BUYER determines, in BUYER’s sole and absolute discretion, that the Property is not acceptable 137 to BUYER for any reason, BUYER may prior to the expiration of the Inspection Period: 138 • terminate this Agreement by delivering written notice of termination to SELLER together with a copy 139 of all written reports, if any, of inspections and investigations if such reports are requested by 140 SELLER; or 141 • submit XXXXX’s written request to SELLER for repairs/replacements/treatments, together with x 142 copy of all written reports, if any, of inspections and investigations. BUYER and SELLER shall have 143 7 days from SELLER’s receipt of such request within which to enter into a written agreement 144 for repairs/replacements/treatments. If BUYER and SELLER have not entered into such 145 written agreement within the 7 days, then BUYER may terminate this Agreement by giving 146 written notice of termination to SELLER within 3 days after the 7 days, or be deemed to have 147 accepted the Property without repairs/replacements/treatments except as may otherwise be 148 provided in this Agreement. BUYER'S request for repairs/replacements/treatments or written 149 agreement between BUYER and SELLER as to same shall not eliminate BUYER's right to 150 terminate this Agreement at any time within the Inspection Period. 151 If this Agreement is terminated as provided in this paragraph, BUYER and SELLER shall be released 152 from all further obligations under this Agreement except as otherwise provided in this paragraph 3. 153 Prior to the binder deposit(s) being delivered to BUYER, BUYER shall provide SELLER with paid 154 receipts for all investigations and inspections, if any. 155 BUYER shall be responsible for prompt payment for all of BUYER’s inspections and investigations. 156 BUYER agrees to indemnify and hold SELLER harmless from all losses, damages, claims, suits, and 157 costs which may arise out of any contract, agreement, or injury to any person or property as a result of 158 any activities of BUYER and BUYER’s agents and representatives relating to inspections and 159 investigations except for any losses, damages, claims, suits, or costs arising out of pre-existing 160 conditions of the Property or out of SELLER’s negligence, willful acts or omissions. 161 SELLER shall have any agreed upon repairs/replacements/treatments completed by appropriately 162 licensed persons within 10 days after entering into a written agreement for such with BUYER and 163 receipt by SELLER of written notice of XXXXX’s loan approval, if applicable. SELLER shall notify 164 BUYER in writing upon completion of all agreed upon repairs/replacements/treatments and provide 165 BUYER with copies of all receipts for same at that time. BUYER may, within 3 days after receipt of 166 SELLER’s written notice and delivery of such receipts, reinspect the Property solely to verify that 167 SELLER has completed the agreed upon repairs/replacements/treatments. No other 168 repair/replacement/treatment issues may be raised as a result of this reinspection. 169 Walk-Through: Prior to closing, BUYER may walk through the Property solely to verify that SELLER 170 has maintained the Property in the condition required in this Agreement.

Approval Period. If Commencing on the mortgage loan is not approved within days (30 days if left blank) 98 after day immediately following the date of acceptance expiration of the Inspection Period and ending on the date that is eighteen (18) months thereafter, Tenant shall seek to obtain (i) all site plan approvals, development and building permits, variances, subdivisions, re-zonings and any other municipal and private approvals deemed by Tenant to be necessary or appropriate for Tenant to develop and operate the Premises for Tenant's Intended Use, including, without limitation, the vacation of all alleyways and the inclusion of the entirety of said vacated alleyways in the Premises (collectively, the "Development Approvals"), (collectively, the "Development Approvals"), (ii) execution by Tenant and North Miami Community Redevelopment Agency ("NMCRA") of a grant or funding agreement on terms satisfactory to Tenant in its sole discretion pursuant to which NMCRA shall irrevocably committed to grant Tenant an amount not less than $15,000,000 in connection with the development of the Project pursuant to NMCRA’s Tax Increment Recapture and Infrastructure Grant Program (the “Grant Approval”), and (iii) commitments for construction loan and permanent debt and equity financing for like projects in Miami-Dade County, FL. Tenant shall diligently pursue said Approvals. Tenant obtaining all of the Approvals is a condition precedent to Tenant's obligations under this AgreementLease. Landlord acknowledges that as fee owner of the Premises, including XXXXXit may be required to consent to, join in or otherwise submit applications for Development Approvals in its name, and as such, Xxxxxxxx agrees to execute, join in or consent to all such applications for Development Approvals promptly upon Xxxxxx’s and XXXXX’s lender’s receipt request for same provided same is at no cost or expense to Landlord. Tenant shall have the right to extend the Approval Period for up to three (3) consecutive periods of an appraisal, 99 without contingencies other than lender-required repairs/replacements/treatments, marketable title and survey 100 map, hereinafter called thirty (30) days each by sending written notice to Landlord at any time prior to the Loan last day of the then current Approval Period, BUYER may terminate this Agreement by written 101 notice provided same is at no cost or expense to the Seller within the Loan Approval Period, or be deemed to have waived the financing 102 contingency periodLandlord. If BUYER has so terminated, upon written request Tenant is unable to obtain all of the SELLERApprovals, BUYER shall provide 103 in form and in substance acceptable to SELLER written evidence from XXXXX’s lender of BUYER’s failure to secure loan approval due to no fault 104 of the BUYER. If BUYER does not terminate this Agreement Tenant, prior to the end of the Loan Approval PeriodPeriod (as it may have been extended pursuant to this Section 2), 105 neither BUYER nor SELLER shall have a right to then Tenant may terminate this Agreement under this paragraph, Lease by delivering written notice of such termination to Landlord by 5:00x.x.XX on the binder 106 deposit shall not be refundable because last day of BUYER’s failure to obtain financing, and this Agreement shall 107 continue through the date of closing. If Buyer has not terminated this Agreement within the Loan Approval 108 Period due to failure to obtain Loan Approval, and should the appraisal/valuation contemplated under this 109 paragraph 2 fail to equal or exceed the Purchase Price, and should Buyer not terminate this Agreement within 110 the Loan Approval Period due (as it may have been extended pursuant to the appraised value failing to equal or exceed the Purchase Pricethis Section 2), Buyer shall 111 be deemed to have elected to proceed with consummation of this Agreement without regard to the amount of 112 the appraised valuation. 113 3. MAINTENANCE, INSPECTION AND REPAIR: SELLER will maintain the Property in its present condition until 114 closingwhich event, except for normal wear any liens or encumbrances incurred by the Tenant for which Tenant shall remain liable and tear responsible for removing at its sole cost and any agreed upon repairs/replacements/treatments. If BUYER 115 elects not to have inspections and investigations performedexpense, or fails to make a timely request for 116 repairs/replacements/treatments as set forth in this paragraph 3, BUYER accepts the Property in its “AS IS” 117 condition as of parties shall be released from further liability pursuant the date of acceptance terms of this AgreementLease. BUYER will be responsible for repair of all damages 118 to Notwithstanding the Property resulting from inspections and investigationsforegoing, and BUYER will return the Property to its pre- 119 inspection condition. These obligations Tenant shall survive termination of this Agreement. 120 (A) Access and Utilities: SELLER will make the Property available for inspections and investigations 121 during the time provided for inspections and investigations in this paragraph, and agrees to have all 122 utilities (including, but not limited to, electricity, fuel/gas and water) active from the date of acceptance 123 of this Agreement through the date of closing and, if not, the time for inspections and investigations will 124 be extended by the time access was denied, but not less than 2 days. 125 Within _ days (10 days if left blank) after the date of acceptance of this Agreement (“Inspection 126 Period”), BUYER may, but is not required to, have the Property inspected and investigated by 127 appropriately licensed inspectors and/or persons/entities holding a Florida license to build, repair or 128 maintain the items inspected. XXXXX and BUYER’S Broker have the right at any time during the Approval Period upon written notice to be present during all 129 inspections and investigations. The inspections and investigations include, but are not limited to: 130 (1) testing and inspecting structural matters, all major appliances, heating, cooling, mechanical, 131 electrical and plumbing systems, well and septic (including drain field systems), saltwater and 132 freshwater ground permeation and intrusion, Landlord to waive the roof, solar equipment, foundation, pool and pool 133 equipment, bulkhead, dock, boathouse, lift and related equipment, defective drywall, defective 134 flooring, mold, asbestos, lead-based paint, drainage, radon gas and environmental and sinkhole 135 conditions;remaining term of the Approval Period.