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addition, on May 1, 2011, June 1, 2011, July 1, 2011, and August 1, 2011, Buyer shall pay to <br />Seller additional extension fees, each in the amount of $5,000 (collectively, the "Subsequent <br />Extension Fees "). The First Extension Fee and Subsequent Extension Fees shall be <br />nonrefundable to Buyer, shall not be construed as Earnest Money, and shall not be applied <br />towards payment of the Purchase Price. Failure by Buyer to pay any Subsequent Extension Fee <br />when due constitutes a Buyer default under the Purchase Agreement. <br />5. No additional Earnest Money shall be due Seller by Buyer. Concurrent with <br />execution by Buyer and Seller of this Second Amendment, Buyer and Seller shall mutually <br />instruct Title to release the Earnest Money paid by Buyer in the amount of $50,000, to the Seller, <br />pursuant to Section 1 of the Escrow Agreement. The Earnest Money shall be nonrefundable to <br />Buyer, except in the event of Seller's default in the performance of any of Seller's obligations <br />under the terms of the Purchase Agreement. <br />6. Except as expressly modified hereby, the terms and conditions set forth in the <br />Purchase Agreement, as amended by the First Amendment, shall remain in full force and effect. <br />To the extent that the Purchase Agreement or First Amendment and this Second Amendment <br />conflict, the terms and conditions of this Second Amendment shall govern and control. <br />7. This Second Amendment may be executed in two or more counterparts, each one <br />of which may be construed as an original. <br />[SIGNATURE PAGES TO FOLLOW] <br />2 <br />