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recorded and proceeds of the sale are available for disbursement to Seller. The Closing Agent <br /> shall be: <br /> Pacific Northwest Title Company <br /> 215 Columbia Street <br /> Seattle, WA 98104 <br /> 5.2 Prorations; Closing Costs: Seller will pay real property taxes prorated through the date <br /> of closing. Buyer will pay the premium for its title insurance policy, the cost of recording the <br /> Easement from the Seller, and the Closing Agent's escrow fees. The parties acknowledge that <br /> WAC 458 -61A- 206(3) provides an applicable exemption to the payment of real estate excise tax. <br /> Buyer agrees to provide to Closing Agent before closing all documents necessary for the <br /> conveyance of the Easement to qualify for such exemption. <br /> 6. NOTICES: Any notices required herein shall be given to the parties at the addresses <br /> listed below: <br /> TO SELLER: TO BUYER: <br /> Lily Pointe Investments, LLC King County Flood Control District <br /> 4128 West Ames Lake Drive c/o King County Water and Land Resources <br /> Redmond, WA 98053 Division <br /> Open Space Acquisitions <br /> 201 South Jackson Street, Suite 600 <br /> Seattle, WA 98104 <br /> 7. GENERAL: Other than the PUA, this is the entire agreement of the Buyer and Seller <br /> with respect to the Easement and supersedes all prior or contemporaneous agreements between <br /> them, written or oral. This Agreement may be modified only in writing, signed by Buyer and <br /> Seller. Any waivers under this Agreement must be in writing. A waiver of any nght or remedy <br /> in the event of a default will not constitute a waiver of such nght or remedy in the event of any <br /> subsequent default. This Agreement is for the benefit of, and binding upon, Buyer and Seller <br /> and their heirs, personal representatives, successors and assigns. The invalidity or <br /> unenforceability of any provision of this Agreement will not affect the validity or enforceability <br /> of any other provision. Time is of the essence in this Agreement. <br /> 8. SURVIVAL OF WARRANTIES: The terms, covenants, representations and <br /> warranties shall not merge in the conveyance, but shall survive closing. <br /> 18775202_1 DOC Page 4 of 20 September 2. 2010 <br /> 67893- 0003 /LEGAL19087945 3 <br />