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after the mutual execution of this Agreement, Seller shall deposit with the Escrow Holder one fully executed counterpart of this Agreement, which shall constitute the Purchase Agreement and Escrow along Instructions with any additional escrow instructions executed by the Parties pursuant to Section 10 g 4.5 of this Agreement. The date of delivery to Escrow Holder of such fully executed counterpart shall be deemed the opening of escrow ("Opening of Escrow") and Escrow Holder shall notify Buyer and Seller in writing of the Opening of Escrow date, the date set for Close of Escrow, and its acceptance of the escrow instructions. Within two (2) days of the opening of escrow, Buyer shall deposit the sum of one thousand ($1,000) dollars with escrow holder (the "Deposit"). The Deposit shall be non-refundable to Buyer, and released to Seller, on Seller's demand, as soon as the results of Buyer's due diligence period have been accepted by the Buyer. Should Buyer choose to proceed with the closing, said funds shall apply to the purchase price. 4.2 Closin-9. Escrow shall close, if at all, on or before February 15, 2002. 43 Costs. Except as otherwise expressly provided for herein, Seller shall pay all the usual Escrow costs and charges normally paid by a seller in an escrow closing in San Bernardino County, including without limitation one-half of the Escrow fee. Buyer shall pay one-half of the Escrow fee and such other costs and charges normally paid by a Buyer in an escrow closing in San Bernardino County. Buyer shall pay the fees to record the new deed. 4.4 Prorations. Current real property taxes, bonds and assessments shall be prorated at the date of recordation of the deed, on the basis of a thirty (30) day month. 4.5 Additional Documents. Buyer and Seller shall execute such additional Escrow instructions as Escrow Holder may reasonably require to act as Escrow Holder, but in no event shall the Escrow instructions increase the rights of one party against the other party hereto or modify the terms and conditions of this Agreement. 4.6 Delivery of Documents. Escrow Holder shall prepare the Grant Deed and Buyer shall deliver the total Purchase Price to Escrow Holder at least one (1) business day prior to the Close of Escrow. 5. SELLER'S REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS Seller hereby makes the following representations, warranties and acknowledgments and agrees that such representations, warranties and acknowledgments shall survive the Close of Escrow. 5.1 Seller has full right, power, and authority to execute this Agreement and to convey fee simple title to the Property to Buyer as provided herein. 5.2 Seller is not a foreign person under Section 1445 Internal Revenue Code and will execute a Certificate of Non -foreign status and deposit the same into the Escrow prior to Close of z:1 Escrow. clj tnagreements/50718 Curti 3