PHOENIX ASSET MANAGEMENT, LLC ADDENDUM TO CONTRACT OF SALE This Addendum (the Addendum) is hereby made part of the

Contract of Sale (hereinafter referred to as the ("Contract") dated ____________________________, 20____ between the Owner of Record ("Seller"), and _________________________________________________________________________________________("Buyer"), for the Property located at __________________________________________________________________________ (hereinafter referred to as the "Property"). With intent to be legally bound, the parties hereto agree that the following terms and conditions are made a part of the aforementioned Contract in like manner as if they were directly set forth therein and shall modify, supplement and prevail over any inconsistent printed provisions of said Contract: 1. Transfer of Property. At closing, the Seller shall furnish to Buyer a Special Warranty Deed or its local equivalent. 2. Earnest Money. Immediately following Sellers acceptance of the Agreement, escrow will be opened by both parties with an escrow agent designated by Seller or otherwise acceptable to Seller. Purchaser shall deposit with Seller or Sellers escrow agent a minimum earnest money deposit of $1,000 or 2% of the Purchase Price (Earnest Money) whichever is greater, within 24 hours of Sellers written acceptance of the Agreement. For cash sales with a purchase prices greater than or equal to $100,000, the earnest money must be the greater of 2% of the purchase price or a minimum of $5,000. 3. Condition of Property. A. As-Is Condition. Buyer hereby agrees at the date of closing Buyer shall accept the Property in As Is condition, notwithstanding the existence of any defects known or unknown, latent or otherwise. B. No Representations by Seller. Seller acquired the Property either as a result of a foreclosure action (or similar action such as a deed in lieu of foreclosure) or as a part of a purchase from a prior servicer. Accordingly, Buyer acknowledges and agrees that the Seller, its agents, employees and representatives have not made any representations or warranties, expressed or implied, relating in any manner whatsoever with respect to the condition of the Property. Buyer further acknowledges and agrees that he/she has not and is not relying on any statements or representations, whether verbal or written, made by Seller or Sellers agents as to the condition of the Property and/or to any improvements thereon, including, but not limited to, any and all issues arising out of or related to (i) the condition, structural soundness, functionality or operability of any heating and/or air conditioning systems, sewage systems, roof, foundations, termite infestation, septic, lot size, appliances, plumbing systems, electrical systems or other utilities; (ii) the suitability of the Property and/or its improvements for a particular purpose; and/or that said improvements are structurally sound and/or in compliance with all applicable federal, state and local laws, rules and regulations;. Buyer hereby acknowledges that Seller shall not be providing Buyer with a Real Estate Transfer Disclosure Statement or a Certificate of Occupancy with respect to the Property. Buyer hereby waives any requirement that Seller furnishes Buyer with any such disclosure statement or a Certificate of Occupancy and hereby releases Seller from any and all liability resulting from the non-delivery of such disclosure statement or a Certificate of Occupancy. C. Building Codes. In the event Seller has received official notice that the Property is in violation of building codes or similar laws or regulations, Seller may terminate the Agreement or delay the date of Closing or Purchaser may terminate the Agreement. In the event the Agreement is terminated by either Purchaser or Seller pursuant to this Section 3(c), any Earnest Money shall be returned to Purchaser. If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special master, court or similar enforcement body, and neither Purchaser nor Seller terminate the Agreement, Purchaser agrees (a) to accept the Property subject to the violations, (b) to be responsible for compliance with the applicable code or regulation and with orders issued in any code enforcement proceeding, and (c) to resolve the deficiencies as soon as possible after the Closing. Purchaser agrees to execute any and all documents necessary or required for Closing by any agency with jurisdiction over the Property. Purchaser further agrees to indemnify Seller from any and all claims or liability arising from Purchasers breach of this Section 3(c). D. Property Address. Purchaser acknowledges and agrees that neither Seller nor Sellers agents have made nor will make any oral or written representation or warranty regarding the accuracy of the address of the Property. E. Disclosure Statements. Purchaser acknowledges and agrees that the Property was acquired through foreclosure, deed in lieu of foreclosure, forfeiture, tax sale, eminent domain or similar process. Accordingly, to the fullest extent allowed by law, Seller shall be exempt from providing or filing any disclosure statement with respect to the Property and Purchaser acknowledges and agrees to assume any disclosure obligations of Seller.
Page 1 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC F. Opportunity to Inspect. Buyer further acknowledges and agrees that Buyer and/or its agents, representatives, contractors, etc. have had an opportunity to inspect the Property together with all improvements thereon. Buyer further agrees that any and all such inspections shall be made at Buyers own expense and all such inspections shall be completed within seven (7) calendar days from the date of execution of the Contract. During the Inspection, Purchaser shall keep the property free and clear of liens and indemnify and hold Seller harmless from all liability, claims, demands, damages, and costs related to Purchasers inspection. Purchaser shall promptly repair all damages arising from or caused by the inspections. IT IS FURTHER AGREED AND UNDERSTOOD THAT IN NO EVENT SHALL ANY INSPECTIONS BE MADE BY ANY HOUSING CODE ENFORCEMENT AGENCY WITHOUT THE PRIOR WRITTEN CONSENT OF THE SELLER. If Seller has winterized the Property and Purchaser desires to have the Property inspected, the listing agent will have the Property de-winterized prior to inspection and re-winterized after inspection. Purchaser agrees to pay the expense of the foregoing de-winterization and re-winterization in advance to the listing agent. All amounts paid under this provision shall be nonrefundable. Within three (3) calendar days of receipt of any inspection report prepared by or for Purchaser, but not later than ten (10) days from the Seller Acceptance Date, whichever first occurs, Purchaser will provide written notice to Seller of any disapproved items. Purchasers failure to provide written notice shall be deemed as acceptance of the condition of the Property. If the Property is a condominium or planned unit development or co-operative, unless otherwise required by law, Purchaser, at Purchasers own expense, is responsible for obtaining and reviewing the covenants, conditions and restrictions and bylaws of the condominium, the planned unit development or the cooperative within seven (7) days of the Seller Acceptance Date. Seller agrees to use reasonable efforts, as determined in Sellers sole discretion, to assist Purchaser in obtaining a copy of the covenants, conditions and restrictions and bylaws. Purchaser will be deemed to have accepted the covenants, conditions and restrictions and bylaws if Purchaser does not notify Seller in writing, within ten (10) days of the Seller Acceptance Date, of Purchasers objection to the covenants, conditions and restrictions and/or bylaws. G. Failure to Inspect. If Buyer fails to inspect the Property, such failure shall not under any circumstances alter, change or impair the understanding and agreement made between the Seller and Buyer as set forth herein. 4. Personal Property. Items of personal property are not included in this sale. Seller makes no representation or warranty as to the condition of personal property, title to personal property or whether any personal property is encumbered by liens. Buyer agrees that Seller shall have no liability for any claim or losses that Buyer or Buyers successors and/or assigns may incur as a result of any condition or other defect which may now or hereafter exist with respect to said personal property. Any items of personal property remaining after the sale of the Property are deemed to add no value to the transaction and are not part of the actual transaction, and are given to Buyer in as-is condition with no seller representation or warranty regarding condition or ownership. No bill of sale will be provided for such items. 5. Occupancy of Property. A. Occupancy by Tenant. In the event the Property is occupied by a tenant(s), Seller makes no representations or warranties with respect to the existence of a written lease agreement; the term of such tenancy, if any; whether or not the tenant(s) are current with their rent payments; the amount of such rent, if any; or any and all issues arising out of or related to compliance with any applicable federal, state or local law, rule or regulation, including but not limited to rent control or rent registration laws. B. Occupancy by Buyer. It is hereby understood and agreed that Buyer shall not occupy the Property prior to closing of title and Sellers receipt of the sales proceeds. In the event that the Buyer alters the Property; makes or starts to make improvements to the Property; occupies the Property in any manner whatsoever; or permits any person(s) to occupy the Property prior to closing, then the Buyer shall be deemed to be in default of the Contract and Buyers earnest money deposit and any rights to any and all improvements to the Property made by Buyer shall be forfeited to the Seller in their entirety. Purchaser shall be liable to Seller for damages (including attorneys fees and costs) caused by any such alteration or occupation of the Property prior to Closing and funding, and Purchaser waives any and all claims for damages or compensation for improvements made by Purchaser to the Property, including but not limited to any claims for unjust enrichment. Notwithstanding the foregoing, the Buyer may have access to the Property prior to closing with the prior written consent of Seller and only if Buyer is accompanied by the Seller or the Sellers agent, unless otherwise agreed to by the parties in writing.
Page 2 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC 6. Financing Contingency. If purchasers obligation to purchase the Property under the Agreement IS contingent on Purchaser obtaining financing for the purchase of the Property: A. If Purchasers obligation to purchase the Property is contingent on financing. Purchaser shall apply for and diligently pursue thereafter a loan at prevailing rates, terms and conditions. Purchaser shall complete and submit to a mortgage lender an application for a mortgage loan within three (3) calendar days of the Seller Acceptance Date. Purchaser shall use diligent efforts to obtain a mortgage loan commitment within fifteen (15) days of the date of Seller Acceptance Date. If, despite Purchasers diligent efforts, Purchaser cannot obtain a mortgage loan commitment within the specified period, then either Purchaser or Seller may terminate the Agreement by giving written notice to the other party. If Purchaser does not notify Seller in writing within fifteen (15) days of the date of Seller Acceptance Date of their inability to obtain financing then Purchaser agrees their financing contingency has been removed and all terms of the Agreement remain in effect. In the event of a proper and timely termination of the Agreement under this Section 6(A), the Earnest Money shall be returned to Purchaser and the parties shall have no further obligation to each other under the Agreement. B. The Buyer agrees to cooperate and comply with all requests for documents and information from the Buyers chosen lender during the loan application process. Failure of the Buyer to comply with such requests from the lender which results in the denial of the mortgage loan will constitute a breach of this Agreement and the Seller shall be entitled to retain any and all earnest money deposited by the Buyer. The Buyer is aware that the price and terms of this transaction were negotiated on the basis of the type of financing selected by Buyer. Any change as to the terms of said financing, or a change in the Buyers lender after negotiations for the purchase of the Property have been completed, may require renegotiation of all terms of this Agreement. The decision to renegotiate shall be within the sole discretion of the Seller.

C. Purchaser shall ensure that the lender selected by Purchaser to finance the sale shall provide applicable funding to the settlement agent selected by Seller on or before the date of settlement. Purchaser shall further ensure that the selected lender shall provide all lenders prepared closing documentation to the settlement agent no later than 48 hours prior to settlement. Purchaser acknowledges and agrees that Purchaser shall be in default of this Addendum if Purchasers lender fails to fund and/or provide closing documentation as required by this Section 6 (B) and that any extensions to Closing shall be subject to the provisions of Section 7(D) of this Addendum.

7. Closing of Title. A. Location of Closing. The closing of title shall be held at the offices of (i) the Sellers attorney; (ii) the Sellers agent; or (iii) at a location designated and approved by the Seller only. B. Date of Closing. Closing shall occur on or before the _____ day of ____________________, 20___. C. Closing Costs and Adjustments. Except as expressly assumed by Seller in Section 17 of this Addendum, Purchaser shall bear its own costs (including attorneys fees) in connection with its negotiation, due diligence investigation and conduct of the transaction contemplated by the Agreement. Purchaser shall pay the cost of any survey. Recording fees, escrow fees and other customary closing costs shall be allocated between Seller and Purchaser in the manner customary for residential real estate transactions in the metropolitan area, city and county or state in which the Property is located. SELLER AGREES TO PAY THE PREMIUM FOR AN OWNERS POLICY OF TITLE INSURANCE ONLY IF THE OWNERS POLICY IS ISSUED BY SELLERS SELECTED TITLE AGENT. NOTWITHSTANDING LOCAL CUSTOM, REQUIREMENTS OR PRACTICE, OR ANYTHING IN THE AGREEMENT TO THE CONTRARY, IF PURCHASER SELECTS A TITLE AGENT TO ISSUE THE OWNERS POLICY OF TITLE INSURANCE, PURCHASER SHALL BE OBLIGATED TO PAY THE ENTIRE PREMIUM FOR SUCH POLICY AND SELLER SHALL HAVE NO OBLIGATION TO PAY ANY PORTION OF SUCH PREMIUM. If the Property is heated or has storage tanks for fuel oil, liquefied petroleum gases or similar fuels, Purchaser will buy the fuel in the tank at Closing at the current price as calculated by the supplier.
Page 3 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC D. Delay of Closing. The Buyer agrees to make every effort to meet this deadline. In the event, the closing extends beyond the date set forth above through no fault of the Seller, Buyer hereby agrees to pay the Seller the sum of $100.00 (one hundred dollars) for each day the closing is delayed beyond the date set forth above. Any and all extensions of the agreed upon closing date set forth above must be in writing and pre-approved by the Seller. Notwithstanding anything to the contrary stated herein, it is understood and agreed that Seller shall retain the right to cancel the Contract and pursue the remedies contained set forth therein and herein if the Buyer fails to meet the stated deadline. The sale may not close in escrow without the prior written consent of the Seller. E. Post Closing. Buyer is responsible for the installation of new locks on the Property immediately after the closing and Buyer shall hold Seller and Sellers representatives harmless from and indemnify Seller and Sellers representatives against any and all damages, claims, liens, losses, liabilities, costs, injuries, attorneys fees and expenses of every kind and nature that may be made against Seller as a result of Buyers failure to install new locks on the Property. 8. Quality of Title/Conveyance. Seller shall use all reasonable efforts to convey clear title, and deliver possession of the Property to the Buyer as set forth herein. Notwithstanding the foregoing, if the Seller is unable to convey clear title and/or deliver possession as set forth herein by the closing date in the Contract, then (1)Buyer and Seller may mutually agree to extend the closing date during which time Seller will continue to use all reasonable efforts to convey clear title and/or deliver possession; (2) the Buyer may elect to take title to and accept possession of the Property in its then current state waiving any and all objections to said defects in title and/or possession; and releasing Seller from any liability related thereto; (3) Buyer may terminate the Contract at which time Seller shall refund Buyers earnest money deposit, if any, to Buyer which shall constitute Buyers sole and exclusive remedy; or (4) Seller may terminate the Contract and refund Buyers deposit, such refund being Buyers exclusive remedy for such termination. For purposes of this paragraph, Seller shall be deemed to be able to convey clear title to Buyer if the sellers title insurance company will underwrite a title insurance policy insuring that title will vest in Buyer at closing. 9. Indemnification. Buyer agrees to indemnify, defend and hold harmless Seller, its affiliates, parent, tenants, agents, employees and contractors, from and against any and all liabilities, obligations, damages, penalties, claims, actions, costs, charges and expenses, (including reasonable attorneys fees) which may be imposed upon, incurred by or asserted against Seller, its affiliates, parent, tenants, agents, employees and contractors arising out of or related to any and all inspections made by Buyer, its agents, contractors or employees including, but not limited to, (i) any and all property damage to the Property or to any adjoining Property; and (ii) any and all personal injuries to Buyer or any other person(s). 10. Sellers Right to Cancel A. Special Conditions. Buyer hereby acknowledges and understands that Seller obtained the Property via foreclosure or similar action such as a deed in lieu of foreclosure. As a result, the Contract may be subject to any or all of the following: approval by a private mortgage insurer; repurchase of the Property by a prior mortgage servicer, insurer or seller of the loan; or the ability of the Seller to clear title as required by the Contract. Buyer agrees that in the event that any of these conditions arise with respect to the Property being transferred hereunder, the Seller shall have the sole and exclusive right to cancel the Contract at which time the Seller shall promptly refund the Buyers earnest money and Seller shall have no further obligations to the Buyer whatsoever and the Contract shall be deemed null and void of no further force or effect. The refund of Buyers earnest money shall constitute the sole and exclusive remedy of Buyer. B. Lender-Required Repairs. Should any lender, insuring entity or agency require that certain repairs be made to the Property or that any other conditions be met, the Seller shall have the sole and exclusive right to either (i) comply with such requirements; or (ii) terminate the Contract. In the event Seller terminates the Contract, the Seller shall promptly refund the Buyers earnest money and Seller shall have no further obligations to the Buyer whatsoever and the Contract shall be deemed null and void and of no further force or effect. Seller has no obligation to reimburse the Purchaser for any reports, repairs, appraisals, inspections or treatments. Purchaser acknowledges that the Closing of this transaction shall be deemed Purchasers reaffirmation that Purchaser is satisfied with the condition of the Property for all purposes and satisfied with all repairs and treatments to the Property and waives all claims related to such condition and to the quality of the repairs or treatments to the Property. C. FHA/VA. In addition, in the event any FHA Conditional Commitment or VA Certificate of Reasonable Value vary from the agreed upon purchase price of the Property, then Seller, at its sole option, may terminate the Contract at which time the Seller shall promptly refund the Buyers earnest money and Seller shall have no further obligations to the Buyer whatsoever and the Contract shall be deemed null and void and of no further force or effect.
Page 4 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC 11. Default. In the event that the Buyer defaults in the performance of the Contract, it is expressly understood and agreed the entire earnest money deposit shall be paid to Seller as liquidated damages for, among other things, the additional cost of carrying the Property and lost marketing time which the parties acknowledge and agree are difficult to calculate. The parties further specifically acknowledge and agree that said liquidated damages shall not be construed or deemed to constitute a penalty and the right given to the Seller to retain said earnest money shall not constitute Seller's sole and exclusive remedy. A. For purposes of this paragraph, if the Contract entered into between Buyer and Seller states that the Buyer will be purchasing the subject Property as an all cash transaction (i.e. Buyer does not express any financing contingency), it is expressly understood that Seller will be materially relying on said representation. As such, if the Buyer subsequently elects to purchase the Property via third party financing rather than cash as previously agreed, then Buyers failure to close a cash transaction shall constitute a default by Buyer thereby entitling Seller to the liquidated damages referenced above. In the event of default by Seller, Buyer shall be entitled to a return of the earnest money deposit as the Buyers sole and exclusive remedy. B. Purchaser agrees that Seller shall not be liable to Purchaser for any special, consequential or punitive damages whatsoever, whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle, including but not limited to any cost or expense incurred by Purchaser in selling or surrendering a lease on a prior residence, obtaining other living accommodations, moving, storage or relocation expenses or any other such expense or cost arising from or related to the Agreement or a breach thereof.

12. Real Estate Broker Commissions. The total real estate commission payable by Seller pursuant to this sale shall be paid according to the Phoenix Asset Management Listing Referral Agreement. Commissions are a percentage of the net purchase price (i.e. net of any and all Seller concessions). Such value will be determined by Seller in Sellers sole and absolute discretion. The real estate commission paid by Seller shall be split per Phoenix Asset Managements Listing Referral Agreement and any referral fee to be paid by Sellers agent shall be the sole responsibility of Sellers agent. In no event shall any real estate broker commissions be deemed earned and payable until the closing of the purchase and sale is consummated; title passes to Buyer; and Seller receives proceeds of the sale, without exception. No commission shall be paid nor credit given, to a Purchaser who is a real estate licensee. This includes any broker or brokerage firm with which Purchaser is affiliated. Additionally, no commission will be paid to a licensee representing his or her spouse, sibling, parent or any entity that employs or is a member, partner or related party to any of these parties, who is a Purchaser. 13. Waivers AS A MATERIAL PART OF THE CONSIDERATION TO BE RECEIVED BY SELLER UNDER THE AGREEMENT AS NEGOTIATED AND AGREED TO BY PURCHASER AND SELLER, PURCHASER WAIVES THE FOLLOWING: ALL RIGHTS TO FILE AND MAINTAIN AN ACTION AGAINST SELLER FOR SPECIFIC PERFORMANCE; ANY RIGHT TO THE RECORD A LIS PENDENS AGAINST THE PROPERTY OR TO RECORD OR FILE THE CONTRACT, THIS ADDENDUM OR ANY MEMORANDUM THEREOF IN THE OFFICIAL REAL PROPERTY RECORDS; ANY RIGHT TO INVOKE ANY OTHER EQUITABLE REMEDY THAT MAY BE AVAILABLE THAT, IF INVOKED, WOULD PREVENT SELLER FROM CONVEYING THE PROPERTY IN ANY FORM OF TITLE TO A THIRD-PARTY PURCHASER; ANY AND ALL CLAIMS ARISING FROM THE ADJUSTMENTS OR PRORATIONS OR ERRORS IN CALCULATING THE ADJUSTMENTS OR PRORATIONS THAT ARE OR MAY BE DISCOVERED AFTER CLOSING; ANY AND ALL CLAIMS FOR FAILURE OF CONSIDERATION OR MISTAKE OF FACT AS SUCH CLAIMS RELATE TO THE PURCHASE OF THE PROPERTY OR ENTERING INTO OR EXECUTION OF OR CLOSING UNDER THE AGREEMENT;
Page 5 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC ANY REMEDY OF ANY KIND, INCLUDING BUT NOT LIMITED TO RESCISSION OF THE AGREEMENT, OTHER THAN AS EXPRESSLY PROVIDED IN THIS ADDENDUM, TO WHICH PURCHASER MIGHT OTHERWISE BE ENTITLED AT LAW OR IN EQUITY, WHETHER BASED ON MUTUAL MISTAKE OF FACT OR LAW OR OTHERWISE; ANY RIGHT TO TRIAL BY JURY, EXCEPT AS WAIVER THEREOF IS PROHIBITED BY LAW, IN ANY LITIGATION ARISING FROM, OR CONNECTED WITH OR RELATED TO THE AGREEMENT; ANY CLAIMS FOR LOSSES PURCHASER MAY INCUR AS A RESULT OF PURCHASERS DUE DILIGENCE, INCLUDING BUT NOT LIMITED TO COST OF ANY INSPECTIONS OF OR REPORTS FOR THE PROPERTY, AND CONSTRUCTION ON, REPAIR TO, OR TREATMENT OF THE PROPERTY, OR OTHER DEFECTS WHICH MAY NOW OR HEREAFTER EXIST WITH RESPECT TO THE PROPERTY; ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO ENVIRONMENTAL CONDITIONS AFFECTING THE PROPERTY, INCLUDING BUT NOT LIMITED TO MOLD, LEAD PAINT, FUEL OIL, ALLERGENS OR OTHER TOXIC SUBSTANCES OF ANY KIND; ANY RIGHT TO AVOID THIS SALE OR REDUCE THE PRICE OR HOLD SELLER RESPONSIBLE FOR DAMAGES ON ACCOUNT OF THE CONDITION OF THE PROPERTY, HABITABILITY, LACK OF SUITABILITY AND FITNESS, OR REDHIBITORY VICES AND DEFECTS, APPARENT, NONAPPARENT OR LATENT, DISCOVERABLE OR NONDISCOVERABLE; ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO ENCROACHMENTS, EASEMENTS, SHORTAGES IN AREA OR ANY OTHER MATTER WHICH WOULD BE DISCLOSED OR REVEALED BY A SURVEY OR INSPECTION OF THE PROPERTY OR SEARCH OF PUBLIC RECORDS; AND ANY CLAIM FOR LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO INDIRECT, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM, BASED UPON, DUE TO OR OTHERWISE RELATED TO: ANY DISCREPANCY BETWEEN THE PROPERTYS ADDRESS AND THE PROPERTY INSPECTED BY PURCHASER; THE PROPERTY HAVING AN INCORRECT MUNICIPAL ADDRESS; OR EITHER SELLERS OR PURCHASERS AGENT SHOWING PURCHASER AN INCORRECT PROPERTY. IN THE EVENT OF CONFLICT BETWEEN THE MUNICIPAL ADDRESS OF THE PROPERTY AND THE LEGAL DESCRIPTION OF THE PROPERTY, THE LEGAL DESCRIPTION SHALL CONTROL. References to the Seller in this Section 13 shall include Seller and Sellers Client, representatives, agents, brokers, employees and assigns. In the event Purchaser breaches any of the warranties described or contemplated under this Section 13 and a court finds that Purchasers legal action is without merit, Purchaser shall pay all reasonable attorneys fees and costs incurred by Seller in defending such action and any damages for breach of this Section 13, which amount shall be in addition to any liquidated damages held or recovered by Seller pursuant to Section 11 of this Addendum. 14. Environmental Conditions. Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to in this Agreement as Mold) are environmental conditions that are common in residential properties and may affect the Property. Mold, in some forms, has been reported to be toxic and to cause serious physical injuries, including, but not limited to, respiratory reactions or other problems, particularly in persons with immune system problems, young children and/or elderly persons. Mold has also been reported to cause extensive damage to personal and real property. Mold may have been removed or covered in the course of cleaning or repairing the Property. The Buyer acknowledges that, if Seller or any of Sellers employees, contractors, or agents cleaned or repaired the Property or remediate Mold contamination, Seller does not in any way warrant the cleaning, repairs or remediation. Buyer accepts full responsibility for all hazards that may result from the presence of Mold in or around the Property. The Buyer is satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or around the Property and Buyer has not, in any way, relied upon any representation of Seller, Sellers employees, officers, directors, contractors, or agents concerning the past or present existence of Mold in or around the Property.

Page 6 of 8 FORM 11

2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC 15. Miscellaneous A. Evidence of Offer Acceptance. Buyer acknowledges that Seller may have received offers prior to or may receive offers after receipt of Buyers offer. Buyer(s) acknowledge that the Seller may consider all offers to purchase, regardless of the date of receipt and that Seller may accept or reject any offer in its sole discretion. The final acceptance of the Buyers offer is subject to Sellers written corporate approval. The acceptance of Buyers offer shall be evidenced solely by the complete and due execution of the Contract together with this Addendum. Seller may consider all offers to purchase regardless of the date of receipt and Seller may accept or reject any offer in its sole discretion. B. Assign-ability. Buyer may not assign or transfer this Agreement without prior written consent of Seller. Any such attempted assignment without prior written consent of Seller shall be void and without effect. C. Performance. The acceptance of a deed by Buyer shall be deemed to be a full performance and discharge of this Contract in its entirety. D. Severability of Provisions. If any one or more of the covenants, agreements, provisions or terms of this Addendum shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Addendum. E. Headings. Headings used in this Agreement are for reference purposes only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof. F. Negative Proceeds. If the Purchase Price is insufficient to pay the sum of the closing costs, taxes, commissions, and any liens on, obligations required to convey insureable/marketable title or that the Seller has agreed to pay hereunder, Seller may at its sole discretion void this agreement in its entirety, without exception. G. Illegal Activities. Seller shall have the right, at Sellers sole discretion, to terminate the Agreement if Seller determines, in its sole and absolute discretion that the sale of the Property to Purchaser or any related transactions are in any way associated with an illegal activity of any kind.

H. Risk of Loss. Regardless of local custom or practice, Purchaser assumes all risk of loss related to damage to the Property. In the event of fire, destruction or other casualty loss to the Property after Sellers acceptance of the Agreement and prior to Closing and funding, Seller may, at its sole discretion, repair or restore the Property, or Seller may terminate the Agreement. If Seller elects to repair or restore the Property, then Seller may, at its sole discretion, limit the amount to be expended. If Seller elects to repair or restore the Property, Purchasers sole and exclusive remedy shall be either to acquire the Property in its then current condition at the Purchase Price with no reduction thereof by reason of such loss, or terminate the Agreement and receive a refund of any Earnest Money. Purchaser waives any and all claims or rights to any insurance proceeds or claims of loss. I. Eminent Domain. In the event that Sellers interest in the Property, or any part thereof, shall have been taken by eminent domain or shall be in the process of being taken on or before the Closing date, either party may terminate the Agreement and the Earnest Money shall be returned to Purchaser and neither party shall have any further rights or liabilities hereunder except as provided in Section 26 of this Addendum. J. Keys. Purchaser understands that if Seller is not in possession of keys, including but not limited to mailbox keys, recreation area keys, gate cards or automatic garage door remote controls or safes then the cost of obtaining the same will be the responsibility of Purchaser. Purchaser also understands that if the Property includes an alarm system, Seller cannot provide the access code or key, Purchaser shall be responsible for any costs associated with the alarm, changing the access code or obtaining any keys. K. Force Majeure. Except as provided in Section 13 (H) no party shall be responsible for delays or failure of performance resulting from acts of God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes, tornadoes, hurricanes or other disasters, providing such delay or failure of performance could not have been prevented by reasonable precautions and cannot reasonably be circumvented by such party through use of alternate sources, workaround plans or other means.
Page 7 of 8 FORM 11 2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08

PHOENIX ASSET MANAGEMENT, LLC

L. Attorney Review. Purchaser acknowledges that Purchaser has had the opportunity to consult with its legal counsel regarding the Agreement; accordingly, the terms of the Agreement are not to be construed against any party because that party drafted the Agreement or construed in favor of any Party because that Party failed to understand the legal effect of the provisions of the Agreement. 16. Additional Conditions. The undersigned approve and accept this Addendum and acknowledge and agree that this Addendum is a legally binding agreement and is made part of the aforementioned Contract in like manner as if it were directly set forth therein. 17.

SELLER: Phoenix Asset Management, LLC as agent and attorneyin-fact for Seller

PURCHASER(S): Name: Signature: _______

By: Date:_________________________________ Date: Name: Signature: _______ Date:_________________________________

AGENT ACKNOWLEDGEMENT With respect to the foregoing Agreement, Sellers agent and Purchasers agent each acknowledge and agree to the following: Seller shall pay a real estate commission pursuant to the listing agreement between Seller and Sellers listing broker however, no commission shall be paid nor credit given, to a Purchaser who is a real estate licensee. This includes any broker or brokerage firm with which Purchaser is affiliated. Additionally, no commission will be paid to a licensee representing his or her spouse who is a Purchaser. Notwithstanding the foregoing, the commission paid by Seller shall be calculated based on the Purchase Price less the value of any Seller concessions, such value to be determined by Seller in Sellers sole and absolute discretion. The real estate commission paid by Seller shall be split as per the Phoenix Asset Management Listing Referral Agreement. Phoenix Asset Managements referral agreement and any referral fee to be paid by Sellers agent shall be the sole responsibility of Sellers agent. Accepted and agreed: Sellers Agent:

Purchasers Agent:

Firm Name: _________________________________ Print Name: Signature: Date:

Firm Name: ___________________________________ Print Name: Signature: Date:

Page 8 of 8 FORM 11

2000-2008 Phoenix Asset Management, LLC All Rights reserved. 11 A1 CONTRACT ADDENDUM.doc 05/08