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11/30/2001 10:43 209467 8 AGE STOCKTON PAGE 05 11/30/2001 10:12 205.3332 LODI RECREATIO* PAGE 05 (9) An assignment executed by Sellers, assigning to Purchaser all of Sellers' right, title, and interest in all permits 606rises and intangible assets to the Property("Aswignrnent"); (III) sellers' affidavit Of nonforeign status as Contemplated by Section 14 .5 of the Internal Revenue Code of 1988, as amended ("PIRPTA)Afnrdavit j,' and (iv) Sellers' offidavit as contemplated by the Revenue and Taxation Code §98805 and 26131 VWithholding Affidavit"). (v) Trust documents re the Webber Revocable Living Trust erVidencing Trustee status of Herman Harry Webber and Ida Pearl Webber. (d) Closing Dale. The conveyance of the Property to Purchaser and the closing of this transaction ("Close of Escrow")shall take place an or before Deoomber 31, 2001 depending upon Purchaser's approval of the environmental status of the Property_ (e) on the Closing pate, Escrow Agent shall dose Escrow as follows, (i) Record the Deed (marked for return to Purchaser)with the San Jvequin County Recorder(which shall be deOMd dellvery to Purchaser); (ii) Issue the Tale Policy; , • . (iii) Prorate taxes, assessments, rents, and ether charges as provided in Section 9(fl: (iv) Disburse to Sellers the Purchase Price less prorated amounts and charges to be paid by or an behalf of Sellers: (v) Charge purchaser for those costs and expenses to be paid by Purohhaser pursuant to this Agreement and disburse any net funds remaining after the preceding disbu moments to Purchaser, (vi) Prepare and deliver to both Purchaser and Sellers one signed 00py of Escrow Agent's closing statement showing all receipts and disbursements of the Escrow; wind (vil) Deliver to Purchaser the Assignment, the PIRPTA Affidavit, and the Withholding Affidavit. If Escrow Agent is unable to simultaneously perform all of the instructions set forth above, I sornw Agent shall notify Purchaser and Sellers and retain all funds and documents pending receipt of further instructions Jointly issued by Purchaser and Sellers, 4