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I.) Earnest Money Deposit/lnterest-Bearing Account Upon deposit of the eamest money check and receipt of the additional eamest money deposits as set forth in Section 21(i), said deposits shall be placed in an interest-beadng account or Certificate of Deposit by the Seller's Agent which shall mature prior to closing in a federal or state chartered bank or savings and loan institution. The accrued interest on said eamest money deposit shall be the sole and exclusive property of the Buyer; provided, however, (in addition to the remedies set forth in Section 20 in the event this contract fails to close as a result of an act of the Buyer, all accrued interest shall become the sole and exclusive property of the Seller. m.) "As Is" Condition. Buyer is acquiring the Property in an "as is" condition and is relying upon the results of Buyers own investigation conceming the physical condition of the Property pursuant to Section 10. Seller makes no representations either express or implied conceming the physical condition of the Property. Buyer acknowledges that the Seller and Phill Foster and Company have advised the Buyer to undertake an inspection of the Property relative to the matters set forth in this paragraph. n.) Like-kind Exchange. Seller shall have the right, at Sellers option, to dispose of the Property through a transaction that is structured to qualify as a like-kind exchange of property within the meaning of Section 1031 of the Internal Revenue Code of 1986. Buyer agrees to cooperate with Seller in effecting a qualifying like- kind exchange through a trust, escrow or other means as determined by Seiler. Seller shall bear the additional transaction costs and all reasonable costs and expenses incurred by Buyer attributable to the closing of a qualifying exchange requested by Seller. In no event shall any like-kind exchange contemplated by this provision cause an extension of the date of closing set forth herein nor shall Buyer be required to take title to any real property other than the Property. o.) Acreage Adjustment The purchase price is computed upon the Property containing 80 net acres, In the event the Survey as called for herein reflects a greater or esser amount than 80 net acres, the purchase price shall be adjusted accordingly rounded to the nearest dollar. Any increase or decrease in the purchase pdce shall be reflected in the cash required at closing. Net acreage shall be defined as the total acreage less existing or dedicated roadways as of the date of mutual execution of this contract; provided, however, that private roadways within the Property or easements, rights-or-way, streams and minor encroachment of fences or other improvements on the Property shall not be deducted from total acreage. p.) Fax Transmittals. The Buyer and Seller agree that a facsimile transmittal of this contract shall be considered as an originally executed document and shall be binding upon the parties hereto. The Buyer and Seller further agree that the exact, originally executed contract which was transmitted by facsimile shall be delivered to the appropriate party via U.S. mail, messenger, or other acceptable delivery service within seven (7) calendar days from the date of said facsimile transmittal. q.) Calendar OayslBusiness Days. As used in this conUact, the term "calendar days" shall be deemed to mean each and every day of the calendar year. The term "business days" shall be deemed to mean each and every day of the calendar year, excluding Saturdays, Sundays, And Federal or Sate holidays, In the event any date called for herein falls on a Saturday, Sunday of Federal or sate holiday, said date shall be extended to the next business day following such Saturday, Sunday or Federal or State holiday. V. r.) MEC. As used in this contrail, the term "MEC" shall be defined as mutual execution of this contract. s.) This contract is expressly contingent upon the approval of the Board of Directors of Owens Bros. Concrete Co. within 45 days of MEC.