Notwithstanding anything contained to the contrary herein, “business” days for purposes of the Due Diligence paragraph shall mean all weekdays except Saturday, Sunday and federal holidays.

Seller to provide a clear Termite Letter. Seller to provide a one year home warranty at the time of closing not to exceed $560 and will be selected by buyer and buyers agent.

Notwithstanding any other provision to the contrary contained herein, ____________________________________ shall pay the fee associated with obtaining any lender-required well clearance letter meeting the requirements of the lender. Such letter shall generally provide that the necessary bacteriological and/or organic tests of the well have been conducted and shall provide the results of such tests.

Buyer hereby inserts an Escalation Clause into this offer. If the buyer's offer is not the highest offer, the buyer will pay $1000 more than any higher offer Seller receives up to a maximum of $000,000. This Escalation Clause is conditioned upon Buyer receiving a copy of the higher offer at which time, a formal addendum with the new Purchase Price will be executed.

Prior to closing, Seller shall have the right to remove from the Property the following: ____________________________________________________________________________________________________

____________________________________________________________________________________________________  The Seller shall, however, repair all damage done by such removal prior to closing.

Notwithstanding any provision to the contrary contained herein, __________________________________ shall pay the fee associated with obtaining any Lender-required septic system clearance letter meeting the requirements of Lender. Such letter shall generally provide that a visual inspection of the septic system site has been conducted and shall provide the results of such visual inspection.

If durning the Finacing Contingency Period, Buyer receives a letter from Buyer's mortgage lender that the condominium is not approved for (Insert FHA or VA) financing then Buyer may terminate this Agreement with no penalty to the buyer.

The settlement and disbursal of earnest money shall constitute a full and final settlement of all claims for damages, costs, expenses or any other claim of any kind or nature related to the Purchase and Sale of the subject property so that each party shall be barred from making any claim or demand against any other party to this Agreement. (Harman Law)

Notwithstanding anything contained in this Agreement to the contrary, notice to _____________________ (insert name of party) shall be deemed to be valid notice to the [ ] Buyer / [ ] Seller for all purposes stated in the Notices provision of the Agreement.

All parties acknowledge that _______________________________________________ is a real estate licensee under the law of Georgia and is acting as a principal in this transaction.

All parties acknowledge that Buyer/Agent is a real estate licensee under the laws of Georgia and is acting as a principal in this transaction. Seller acknowledges that in agreeing to the sales price of the Property set forth herein: (1) Seller has had the opportunity to seek an independent appraisal or other independent expert advice regarding the value of the Property; (2) Seller is not relying upon the advice of Buyer or other licensees in the real estate brokerage firm with which Buyer is affiliated, and; (3) Buyer may resell the Property now or in the future at a higher price.

The Purchase Price of the Property shall be determined by an appraisal of the Property prepared by ____________________, a licensed, certified Georgia real estate appraiser, no later than ________ days from the Binding Agreement Date. The appraisal shall be jointly arranged by the Buyer and Seller, and the parties agree to instruct the appraiser to immediately provide a copy of the appraisal to both parties upon its completion. Buyer and Seller shall each pay the following percentage of the costs of the appraisal: Buyer ________ percent (%), Seller _______ percent (%). If the Property appraises for more than $____________, then within ________ days of Buyer's receipt of the appraisal, Buyer may terminate this Agreement by written notice to Seller and all earnest money shall be promptly refunded to Buyer. If Buyer fails to exercise this termination right, it shall be deemed waived. If the Property appraises for less than $____________, then within ________ days of Seller's receipt of the appraisal, Seller may terminate this Agreement by written notice. If Seller fails to exercise this termination right, it shall be deemed waived.

In the event this Amendment to Address Concerns with Property is not accepted by Seller and delivered back to Buyer prior to the end of the Buyer's Right to Terminate this Agreement, this Amendment to Address Concerns with Property shall serve as notice of termination of this Agreement upon expiration of the Right to Terminate period as set forth herein.

In purchasing the Property, Buyer may elect to utilize an I.R.C. Section 1031 tax deferred exchange by trading Property with a qualified intermediary. In such event, Seller agrees to cooperate with and assist Buyer in connection with Buyer's like/kind exchange and execute an assignment of this Agreement to the qualified intermediary. Notwithstanding the above, Buyer shall pay additional expenses, if any, in connection with Buyer's exchange of Property. Moreover Buyer shall remain fully obligated to perform all obligations of the Buyer under the Agreement even after it has been assigned to a qualified intermediary.

In selling the Property, Seller may elect to utilize an I.R.C. Section 1031 tax deferred exchange where the proceeds from the sale of the Property are used by a qualified intermediary to purchase like/kind property. In such event, Buyer agrees to cooperate with and assist Seller in connection with Seller's like/kind exchange and execute an assignment of this Agreement to the qualified intermediary. Notwithstanding the above, Seller shall pay additional expenses, if any, in connection with Seller's exchange of Property. Moreover, Seller shall remain fully obligated to perform all obligations of Seller under the Agreement even after it has been assigned to a qualified intermediary.

Buyer and Seller acknowledge that it would be extremely impractical and difficult to ascertain the actual damages that would be suffered by Seller if Buyer fails or refuses to consummate the purchase of Property for any reason other than Seller's inability, failure or refusal to perform any of Seller's covenants herein or because Buyer never had an unconditional obligation to close the purchase and sale on the closing date as the result of one or more contingencies in the Agreement not being fulfilled as of the closing date. Buyer and Seller have considered carefully the loss to Seller as a consequence of the negotiation and execution of this Agreement; the personal expenses Seller incurred in connection with the preparation of this Agreement; Seller's performance hereunder; and the other damages, general and special, which Buyer and Seller realize and recognize that Seller would sustain, but Seller cannot calculate with absolute certainty. Based upon all those considerations, Buyer and Seller have agreed that the damage to Seller would reasonably be expected to be equal to the amount of the earnest money. Accordingly, if all conditions precedent to Buyer's obligation to consummate the purchase of Property have been waived by Buyer or have been satisfied, and if Seller has performed Seller's covenants hereunder, but Buyer fails or refuses to consummate the purchase of Property by the closing date, then Seller shall be entitled to retain the earnest money as full and complete liquidated damages for such default of Buyer. Such retention of the earnest money is intended not as a penalty, but as full liquidated damages pursuant to O.C.G.A. § 13-6-7.

Buyer acknowledges that the sale of the Property will not generate sufficient cash to pay off the mortgages on the Property and the other obligations of Seller with respect to this purchase and sale transaction. This Agreement is therefore contingent upon Seller's mortgage lender(s) agreeing to: (1) take a reduced pay off on its mortgage(s) in an amount sufficient such that the purchase price of the Property pays off the reduced amount of the mortgage(s), any other liens, judgments and other encumbrances on the Property, the real estate commission(s) owing to the Broker(s) and the other expenses of sale for which Seller is obligated under this Agreement without Seller having to pay any additional sums; and (2) release Seller from any claim, cause of action, suit or judgment for the amount of the reduction in the payoff on said mortgage(s). In the event, the mortgage lender(s) do not agree to such reductions at least _____ days prior to closing, either Seller or Buyer may terminate this Agreement without penalty upon notice to the other party.

In the event that, prior to the end of the Due Diligence Period, a licensed Georgia pest control operator hired by Buyer discovers infestation from termites or the other wood destroying organisms as described in the Official Georgia Wood Infestation Report (“Report”), in any dwelling or garage located on the Property and Seller provides the Report identifying the infestation to Seller during the Due Diligence Period, Seller agrees to do the following: [Select all which apply. Any box not checked shall not be a part of this Agreement].

[ ] Treat the infestation in accordance with the standards of the Georgia Department of Agriculture.

[ ] Repair any and all damage caused from the infestation.

Notwithstanding anything contained herein to the contrary, Buyer and Seller agree that all items on the Walk Through List shall be completed by Seller in a good and workmanlike manner no later than __________ days after the closing. This stipulation shall survive the closing.

Notwithstanding any other provision in this Agreement to the contrary, the parties agree that Seller's obligations to provide Wood Infestation Reports shall not extend to the following detached improvements to the Property: ___________________ ____________________________________________________________________________________________________.