DowSign Envelope ID: 383C4D40-108C-4285-8F10-B9B7F483D2C4 4141 CALIFORNIA CIATION COUNTER OFFER No. 5 ASSO ii For use by Seller or Buyer. May be used for Multiple Counter Offer. Illi OF REA LTO 12.r (C.A.R. Form CO, Revised 11110) Dale October 9, 2013 This is a counter otter to the: El California Residential Purchase Agreement. 0 Counter Offer No.. 4 dated . on property known as 16490 El flito Place Pacific Palisades, (•ProPelly). Thomas Nieman, Rosalind M Nieman ("Buyer) and between Barry Josephson ('Seller). 1. 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: I. Purchase price to be $4,600,000 K Other (Offer), D. TCI he following attached addenda are incorporated into this Counter CI Offer: O Addendum No. 2. RIGHT TO ACCEPT OTHER OFFERS: If this is a Seller Counter Offer, (0 Seller has the right to continue to offer the Property for sale or for another transaction. and to accept any other offer al any time prior to Acceptance, as described in paragraph 3 and (ii) Seller's acceptance of another offer prior to Buyer's 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