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rents accruing from the Property up to and including the date of recording the deed, and after said date, Buyer shall be entitled to all of said rents. Seller represents and warrants that it is not in default of any provision of any lease or other instrument under which Seller and others hold rights to any portion of the Property. Seller hereby assigns all its rights under the Lease to Buyer. Seller assigns any deposits and/or pre-paid rent under said Lease to Buyer in the amount of$3,000.00, said amount to be distributed at close of escrow. Buyer agrees to release and indemnify Seller and Herbert H. Bowman, trustee, from any and all claims and/or causes of action relating to the Lease. 3. Estoppel Certificate: As a condition precedent to the close of escrow, Seller shall obtain and deliver to Buyer,an estoppel certificate from Charter Way Tow and/or any other tenant, in form and content satisfactory to Buyer. Any and all rent or rental charges paid to or received by Seller by or from any tenant or user of the Property shall, after the date of the close of escrow, be forwarded immediately to the Buyer. 4. Purchase Price: The Property shall be acquired on the following terms and conditions: a. The total purchase price for acquisition of the Property shall be the sum of Four Hundred Thousand Dollars ($400,000.00). Buyer shall deposit said sum in escrow to be disbursed in accordance with this Agreement. b. The purchase price represents the total compensation to be paid for the Property, including all Improvements, without distinction or separation for various interests which may be held in the Property. Seller shall be responsible at Seller's sole cost and expense.for any apportionment of the purchase price among themselves and to third parties as may be required. C. The purchase price as described in subsection a, above, reflects the value of the Property without contamination and does not provide for any offset or reduction in price or value due to any environmental contamination, known, unknown or suspected to be.present on the Property nor shall-any such offset or reduction in „ the price or value actually occur as a result of anysuch condition. d. The balance of unpaid principal and interest due on any note or notes secured by mortgage, deed of trust or other lien on the Property, if any; shall be deducted from the total purchase price and paid to the persons entitled thereto. Prepayment fees, together with trustee's fees and recording costs, shall be paid by Seller. e. The net proceeds of the sale shall be mailed to Seiler at Bowman& Company, Attention Herbert H. Bowman at 2431 West March Lane, Stockton CA 45207, promptly following the retarding of the deed from Seller to Buyer by the title company. 5. Threat of Condemnation: This Property is being sold under the threat of eminent domain. 6. Escrow and Title Report and Title Insurance: Prior to the execution of this Agreement, Buyer shall secure, at its own cost, a title report and title insurance. For the purpose of consummating the conveyance of the Property in accordance with the terms herein set forth, Page 2