RDA Agmt 2001 Batarse Family Trust UTA

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Section 3. Escrow By this Agreement, Purchaser and Seller establish an escrow ("Escrow") with Judy Gibson, Placer Title Company, San Leandro ("Escrow Agent"), subject to the provisions of the standard conditions for acceptance of escrow and the terms and conditions in this Agreement, with a signed counterpart of this document to be delivered as escrow instructions to Escrow Agent. In the event of any conflict between the terms of this Agreement and the standard conditions for acceptance of escrow, the terms of this Agreement shall control. Section 4. Conditions to Purchaser's Performance Purchaser's obligation to perform under this Agreement is subject to Seller's representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. Section 5. Conditions to Seller's Performance Seller's obligation to perform under this Agreement is subject to satisfaction of Purchaser's performance of all of the obligations which it is required to perform pursuant to this Agreement. Section 6. Title Immediately following the execution of this Agreement by both parties, Purchaser shall cause Escrow Agent to issue to Purchaser (with a copy to Seller) a preliminary report for an ALTA Owner's Policy for the Property, setting forth all liens, encumbrances, easements, restrictions, conditions, pending litigation, judgments, administrative proceedings, and other matters affecting Seller's title to the Property ("Preliminary Report"), together with copies of all documents relating to title exceptions referred to in the Preliminary Report. Section 7. Close of Escrow (a) Title. Simultaneously with the Close of Escrow, Escrow Agent shall issue an ALTA Owner's Policy of Title Insurance ("Title Policy") in the amount of the Purchase Price, subject only to the following matters: (i) A lien for real property taxes, bonds, and assessments not then due; and (ii) assessments, conditions, covenants, restrictions or easements of record as otherwise approved by Purchaser in writing ("Approved Exceptions"). (b) Seller's Deposits into Escrow. Seller shall deposit with Escrow Agent on or prior to the Close of Escrow a grant deed executed and acknowledged by Seller conveying to Purchaser good and marketable fee simple title to the Property, subject only to the Approved Exceptions ("Deed"). (c) Closing Date. The conveyance of the Property to Purchaser and the closing of this transaction ("Close of Escrow") shall take place within ninety (90) days following execution of this Agreement by both 2