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.. . . . . . .. . . . . .. . . .. . . . ce ADDENDUM TO REAL ESTATE PURCHASE CONTRACT CB Richard Ellis, Inc. Brokerage and Management Licensed Real Estate Broker This is an Addendum to the Real Estate Purchase Contract dated December 3 , 1998 between Richard L. Henderson, dba Henderson Construction, as Purchaser and Apache Plastics, LP, as Seiler (the "Contract") , concerning the property known as 2050 E. Fremont Street, Stockton , California, as more specifically described in the Contract. 20. SELLER'S F.PitF�ENT�TION Al�fl) EWWeRRA1vTis � Seller represents, warrants, and covenants the following„ each of which shall be true in allrespects as of the date of the Agreement and as of the date of Close of Escrow and shall survive the Close of Escrow for a period of 30 days. Buyer shall give written notice to Seller of any breach of such representation and warranties within such 30 day period : a. To Sellers best knowledge, Seller has delivered copies of all material documents, surveys, plans and specifications describing the Property, which Seller currents has in its possession, custody or control. y b . The persons executing this Agreement are authorized by Seller to enter into this transaction; c. During the Escrow period, Seller shall not enter into any lease, or option to lease, or any other contract or agreement pertaining to the Property. 218 as as follows:A FuY FPRF�a� • S Purchaser represents and warrants to Seller follows: a. Purchaser has full power and authority to enter into and carry out this Agreement. b. Purchaser has substantial experience with investing in Commercial real property and is acquiring the property in its "AS IS " condition and solely in reliance on its own inspection and examination. Purchaser acknowledges that the purchase price might be higher if Purchaser did not agree to acquire the property in its " AS IS " condition. C* Purchaser acknowledges that Seller males no representation or warranties as to the truth, accuracy or completeness of any materials, data or other information supplied to Purchaser. Such materials are provided for Purchaser' s convenience in making its own examination as to whether it intends to purchaser the property, and in so doing will rely exclusively on its own independent investigation and evaluation of every aspect of the property, and not on any materials supplied by Seiler. 22 . PI7R A N IS CONTIIVCF�r h• Purchaser' s obligation to shall be subject to the satisfaction of the following contingency, which areorm this for Purchaser's benefit only. In the event any of the following contingencies are not satisfied within the specified time limits, Purchaser may, at its sole option , either waive such contingencies or terminate this contract. If purchaser elects to terminate this contract pursuant to this section, the deposit shall be returned in full to Purchaser, together with any interest that has been earned on said deposit. The failure of Purchaser to notify Seller or Seller 's broker or escrow holder in writing within the applicable time limit that any of the following contingencies has not been satisfied shall be deemed to be a satisfaction of such contingency. a• • Delivery to Purchaser by Seller no later than five (5) days from the date escrow opens followed by Purchaser ' s approval, within three (3) days after receipt of same, of any and all soil, engineering, and environmental inspections, tests, surveys and other related studies which relate to the property and which Seller has in its possession, custody or control. b • Purchaser shall have a period of eight (8) days from the date escrow opens to secure all necessary permits and government approvals, ne0eMY in er Purchaser's judgment to enable the property to be used for Purchas 's -. intended purpo . � L INMAL