No. 2416 approving and accepting a counteroffer for the acquisition of property in the South Bend Central Development Area

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Q. MISCELLANEOUS: 1. Any notice required or permitted to be delivered shall be deemed received when personally delivered or when confirmed as received by facsinule, express courier or United States mail (postage prepaid, certified and return receipt requested) addressed to Seller or Buyer or their designee at the address set forth below the signature of each party. 2. This Agreement shall be construed in accordance with the laws of the State of Indiana. 3. Time is of the essence. Time periods specified nl this Agreement acid any addenda are calendar days and shall expire at midnight of the date stated unless the parties agree otherwise in writing. -t. This Agreement is binding upon and For the benefit of the parties' respective heirs, administrators, cxccutors, legal representatives, successors, and assigns. No assignment of this Agreement shall release a party from liability for its obligations hereunder. 5, if any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the invalidity, illegality or unenforceability shall not affect any other provision. 6. This Agreement constitutes the entire agreement of the parties and cannot be changed except by their written consent. 7. By signing below, the parties to this transaction acknowledge receipt of a copy of this Agreement and give their percussion to a Multiple Listing Service or other advertising media, if any, to publish infornlation regarding this transaction. 8. Broker(s) may refer Buyer or Seller to other professionals, service providers or product vendors, inchding lenders, loan brokers, title insurers, escrow companies, inspectors, surveyors, engilreers, consultants, enviromnental inspectors and contractors. Broker(s) has no responsibility for the performance of any service provider and/or inspector.~Buyer and Seller are free to select providers/inspectors other than those referred or recommended to them by Broker(s). 9. Buyer discloses to Seller that Buyer is licensed and holds License # N/A. Seller discloses to Buyer that Seller is licensed and holds License # N/A. 10. Where the word "Broker" appears, it shall include any salesperson associated with the Broker's firm. 11. Any party who is the prevailing party against any other party in any legal or equitable proceeding relating to this Agreement shall be entitled to recover court costs and reasonable attorney fees from the non-prevailing parry. 12. The parties agree that this Agreement may be transmitted between them by facsiuule machine. The parties intend that faxed signatures constitute original signatures and are binding on the parties. The original document shall be promptly executed and/or delivered, if requested. This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constihrte one and the same inst-rnnent. 13. Each person executing this Agreement on behalf of a party represents and warrants that he or she has been authorized by all necessary action to execute and deliver this Agreement on behalf of such parTy. R. CONSULT YOUR ADVISORS: Buyer and Seller acknowledge they have been advised that, prior to signing this document they should seek the advice of an attorney for the legal or tax consequences of this document and the transaction to which relates. In any real estate transaction, it is recommended that you consult with a professional, such as a civil engineer, environmental engineer, or other person, with experience in evaluating the condition of the property, including the possible presence of asbestos. hazardous and~or toxic materials and underground storage tanks. S. CONFIRMATION OF RELATIONSHIP Buyer and Seller acknowledge that each has reviewed the disclosure herein, has had the options explained, and the Buyer and Seller now confirm the Buyer's relationship with CB Richard Ellis and further acknowledge that they understand and accept that relationship and the fact that the Buyer shall pay CB Richard Ellis a commission of Five Percent (5%) at closing. T. SELLER'S RESIDENTIAL REAL ESTATE SALES DISCLOSURE: Buyer has not received an executed Seller's Residential Real Estate Disclosure Form. U. TERMINATION OF OFFER: Unless accepted by Seller and delivered to Buyer by 5:00 pm EST, the T~' day of December, 2007, this Purchase Agreement shall be null and void and-all parties shall be released of any and all liability or obligations. Signature Prrge Follorns • Page 4 of 8