DocuSign Envelope ID: 61C384EA-8CD0.4930.9BAB-2FFF773DB56F CALIFORNIA COUNTER OFFER No. 5 ASSOCIATION For use by Seller or Buyer. May be used for Multiple Counter Offer. OF REALTORS' (C.A.R. Form CO, Revised 11110) Date October 9, 2013 This is a counter offer to the: El California Residential Purchase Agreement, 0 Counter Offer No.. 4 O Other Coffer), dated . on property known as 16490 El Hi to Place Pacific Palisades, ("Property"), Thomas Nieman, Rosalind M Nieman ("Buyer") and Barry Josephson ("Seller"). TERMS: The terms and conditions of the above referenced document are accepted subject to the following: A. Paragraphs In the Offer that require Initials by all parties, but are not initialed by all parties, are excluded from the final agreement unless specifically referenced for inclusion in paragraph 1C of this or another Counter Offer. B. Unless otherwise agreed in writing, down payment and loan amount(s) will be adjusted in the same proportion as in the original Offer. C. OTHER TERMS: 1. Purchase price to be $4,600,000 between D. TO O he following attached addenda are incorporated into this Counter Offer: O Addendum No. 2. RIGHT TO ACCEPT OTHER OFFERS: If this is a Seller Counter Offer, (i) Seller has the right to continue to offer the Property for sale or for another transaction. and to accept any other offer at any time prior to Acceptance, as described in paragraph 3 and (II) Sellers acceptance of another offer prior to Buyers Acceptance of this Counter Offer, shall revoke this Counter Offer. 3. EXPIRATION: This Counter Offer shall be deemed revoked and the deposits, if any. shall be returned unless this Counter Offer is signed by the Buyer or Seller to whom it is sent and a Copy of the signed Counter Offer is personally received by the person making this Counter Offer or by , who is authorized to receive it. by 5:00 PM on the third Day After the later date specified in paragraph 5 or, (if checked) b