DocuSign Envelope ID: 3E6C4D40. I 08C.4285 8F I 0 B9B7F483D2C4

DocuSign Envelope ID: 3E6C4D40. I 08C.4285 8F I 0 B9B7F483D2C4 dith CALIFORNIA COUNTER OFFER No. 5 ASSOCIATION Illb For use by Seller or Buyer. May be used for Multiple Counter Offer. Illk OF REALTORS t • (C.A.R. Form CO, Revised 11110) Date October 9, 2013 This is a counter offer to the: O California Residential Purchase Agreement, () 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 ("Buyers) 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. The following attached addenda are Incorporated into this Counter Offer: K 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) by O (date), at O AM O PM. This Counter Offer may be executed in counterparts. 4. 5 O (If checked:) MULTIPLE COUNTER OFFER: Seller is making a Counter Offer(s) to another prospective buyer(s) on terms that may or may not be the same as in this Counter Offer. Acceptance of this Counter Offer by Buyer shall not be binding unless and until It is subsequently re-Signed by Seller in paragraph 7 below and a Copy of the Counter Offer Signed in paragraph 7 is personally received by Buyer 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) by O (date), at K AM OPM. Prior to the completion of all of these events, Buyer and Seller shall have no duties or obligations for the purchase or sale of the Property. NOTE TO SELLER: Sign and date in paragraph 5 to make this Counter Offer. Dffic:. 3U ER OR W SELLER MAKES THIS COUNTER OFFER ON THE TERMIrOVEAN.D ACKNOWLEDGES RECEIPT OF A COPY. Date 9/1U13 BerryJoseph —297888EFOISF479 Date 6. ACCEPTANCE: I/WE accept the above Counter Offer (If checked O SUBJECT TO THE ATTACHED COUNTER OFFER) and acknowledge receipt of a Copy. 7. Shomes Nieman Roseland Pi Niemen MULTIPLE COUNTER OFFER SIGNATURE LINE: By signing below, Seller accepts this Multiple Counter Offer. NOTE TO SELLER: Do NOT sign in this box until after Buyer signs in paragraph 6. (Paragraph 7 applies only if paragraph 41s checked.) Date Time DAM OPM Date Time DAM OPM Date Date Time Time ❑AM PM ❑AM PM ) (Initials) Confirmation of Acceptance: A Copy of Signed Acceptance was personally received by the maker of the Counter Offer, or that person's authorized agent as specified in paragraph 3 (or. if this is a Multiple Counter Offer, the Buyer or Buyers authorized agent as specified in paragraph 4) on (date) at O AM O PM. A binding Agreement Is created when a Copy of Signed Acceptance is personally received by the the maker of the Counter Offer, or that person's authorized agent (or, If this is a Multiple Counter Offer, the Buyer or Buyer's authorized agent) whether or not confirmed in this document. Completion of this confirmation is not legally required In order to create a binding Agreement; It is solely intended to evidence the date that Acceptance has occurred. The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof. by photocopy machine or any other means. including facsenile or computerized formats. Copyright 1986-2012. CALIFORNIA ASSOCIATION OF REALTORS®. INC. ALL RIGHTS RESERVED. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE. CONSULT AN APPROPRIATE PROFESSIONAL. This form is available for use by the entire real estate industry. It S not intended to identify the user as a REALTOR& REALTOR® is a registered colective membership mark which may be used ally by members of the NATIONAL ASSOCIATION OF REALTORS® who subscnte to its Code of Ethics. r Publshed and Cistrbuted by: REAL ESTATE BUSINESS SERVICES. INC. a subsislary of rte Catfoaae Association WREALT0RSS - 525 South Virgil keenuo. Los Angeles. Caltonia 93020 CO REVISED 11/10 (PAGE 1 OF 1) COUNTER OFFER (CO PAGE 1 OF 1) Reviewed by Dale Agent: Robert Radcliffe Phone Broker: Sotheby's International Realty 15308 W Sunset Blvd Pacific Palisades , CA 90272 Fax: 310.255.5455 Prepared using zipFornY& software EFTA01108349