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01-05-00;01 :42AM; ENGEO TRACY # 2/ 10 21. Time Is Of The Essence. Time is of the essence in the Agreement and in the escrow provided for herein. f 22. Time References. Any reference in this Agreement to time for performance of obligations or to elapsed time shall mean consecutive calendar days,months,or years,as applicable, unless otherwise explicitly indicated herein. The time for performance of any obligation or the lapse of time for performance which falls on a weekend or a nationally recognized holiday shall automatically be extended to 5:00 p.m. of the next regular business day. 23. Attorneys',Fees. Each party shall bear its own attorneys' fees and expenses in the preparation and review of this Agreement. In the event that any party hereto institutes an action or proceeding for a declaration of the rights of the parties under this Agreement,for injunctive relief, for an alleged breach or default of, or any other action arising out of, this Agreement, or the transactions contemplated hereby,or in the event any party is in default of its obligations pursuant thereto, whether or not suit is filed or prosecuted to final judgment, the non-defaulting party or prevailing party shall be entitled to its actual attorneys' fees and to any court costs incurred in addition to any other damages or relief awarded. 24. Counterparts and Facsimiles. This Agreement maybe executed in counterparts,each of which shall be deemed an original,but all of which. taken together,shall constitute one and the same instrument. A facsimile or copy of this Agreement executed by the parties,whether complete or in counterparts,will be binding and shall constitute sufficient evidence of the executed original of this Agreement for all purposes. 25. Severability. If any term,provision,covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect. 26. Entire Agreement. This Agreement executed between the parties shall constitute the sole and exclusive Agreement between Buyer and Seller concerning the Property and their rights and duties in connection with the Property. Any prior or other agreements or representations between Buyer and Seller regarding those matters are null and void unless expressly set forth in this Agreement. 27. Governing Law. This Agreement shall be construed in accordance with and governed by the laws of the State of California. Executed as to the datc(s) set forth below. Date as of S`02 E 2005 BUYER: LAthrop Investments, LLC a California limited liability company By: Thomas A. Luckey, esident/Member 11