Agmt09 Lonestar CA, Inc - CEMEX - 1402-1450 Maple St.

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17. Additional Provisions. A. Buyer and Seller will share reasonable charges for settlement services as follows. The costs of the CL T A portion of the premium of the title insurance policy shall be paid by Seller. The incremental costs of obtaining AL T A coverage and any title insurance endorsements requested by Buyer shall be paid by Buyer. Except as otherwise provided in this Agreement the escrow fee and all other closing costs shall be paid in accordance with the custom of the County of San Mateo, as determined by Escrow Holder. B. Seller covenants and represents, as of the date of this Agreement, that no assessments for public improvements have been made against the Property which remain unpaid and that no notice of governmental or other public authority has been served upon Seller or, to Seller's knowledge, upon anyone on Seller's behalf, including notices relating to violations of housing, building, safety or fire ordinances or Hazardous Substances Laws which remain uncorrected unless otherwise specified herein. Seller further represents and warrants to Buyer that: (i) Seller has full authority to execute and enter into this Agreement and consummate the transactions contemplated hereby; (ii) as of the Closing Date, there will be no leases, licenses or occupancy agreements binding upon the Property, except the lease with BIAC; and (iii) the Property is not subject to any pending litigation nor has the Seller received notice of any threatened litigation which would adversely affect the Property or the transactions contemplated hereby, other than as disclosed in the Stipulation for Judgment for Possession between RMC Pacific Materials, Inc. and L.C. Frey Company Inc. delivered by Seller to Buyer's counsel prior to the execution of this Agreement. Notwithstanding the foregoing, nothing contained in this Agreement relieves the Seller from its obligations to make any disclosures required by law. C. Buyer shall secure and pay for an AL T A survey if desired by Buyer. If Buyer secures a survey, at Buyer's request Seller agrees to use a course and distance description as a part of describing the Real Estate and to attach a copy of the survey to the deed. D. Buyer, at Buyer's own expense, may obtain a certified pest control report, water testes) for quantity and quality, and a septic system certification with reference to the Real Estate. 18. Closing Documents. At Closing, Seller shall deliver or cause to be delivered to Buyer through the Escrow the following, each duly executed and, if applicable, acknowledged by Seller: A. Deed. A Grant Deed for the Land, in the Title Company's standard form, executed by Seller, in recordable form conveying good and marketable title to the Land to Buyer free and clear of all Required Cure Items. B. AL T A Statement. If required by the Title Company, an AL T A (or comparable) Statement and a "gap" affidavit executed by Seller and in form acceptable to the Title Company. Redwood PSA FINAL EXECUTION 4.16.09 v.14 8