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<br />EXHffilT B <br />TO COUNTERPROPOSAL <br />CONCERNING COMMERCIAL CONTRACT <br />TO BUY AND SELL REAL ESTATE DATED <br />SEPTEMBER 25, 1996 BETWEEN <br />DANffiL A. SHERWOOD AND JACQUELINE P. SHERWOOD, BUYERS <br />AND DAVID L. GANN AND LINDA GANN, SELLERS <br /> <br />TERMS <br /> <br />1. Purchase and Sale of Assets. <br /> <br />1.1 The assets ("Assets") to be sold by Seller to Buyer under this Contract <br />shall consist of the Property and water rights in Exhibit A, plus the following: <br /> <br />A. Equipment (including titled vehicles) (Schedule 1.1 A); <br /> <br />B. Inventory; <br /> <br />C. Customer list of Silver Springs Trout Farm; <br /> <br />D. Covenant Not to Compete; <br /> <br />E. Trade name "Silver Springs Trout Farm" and Business logo <br />("Logo") (Schedule 1.1 E); <br /> <br />F. Lake Contracts (Schedule 1.1 F.); <br /> <br />1.2 Attached fixtures and other items excluded from the Contract are listed <br />on Schedule 1.2. <br /> <br />1.3 The Lake Contracts are presently oral agreements. On or before <br />November 1, 1996, Seller will obtain written Lake Contracts and submit them to Buyer for <br />review. If Seller for any reason fails to submit written Lake Contracts to Buyer by that date, <br />if any of the written Lake Contracts do not provide for assignment of the Lake Contract to <br />Buyer at Closing and release of Seller from liability on that contract at that time, Or if Seller <br />receives written notice from Buyer that any of the Lake Contracts is unsatisfactory to Buyer in <br />Buyer's sole discretion on or before November 8, 1996, then this Contract shall terminate; <br />provided Seller may waive termination based on failure to include in the Lake Contracts the <br />Seller release language by written notice received by Buyer on or before November 8, 1996. <br /> <br />1.4 The parties agree to allocate the Purcb<\$e Price stated in Section 3 of the <br />Contract as follows, and eacb party shall file all forms required by Section 1060 of the Internal <br />Revenue Code with allocations consistent with the following. <br />