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annual average of 275 gallons per day for indoor domestic use only. The total <br />consumptive use annual quantity for the Water Mitigation Certificates is calculated <br />to be 0.6468 acre-feet. Seller and Buyer agree that the total value for the Water <br />Mitigation Certificates is $4,057.38 (0.6468 AF -CU x $6,273 per AF -CU). This <br />amount will be deducted from the Purchase Price paid by Buyer to acquire the <br />Subject Property. <br />To ensure Buyer can timely and accurately provide the Water Mitigation <br />Certificates at closing, Seller agrees to deliver to Buyer a completed and signed <br />application in the form of Exhibit E, attached hereto and incorporated by this <br />reference, for each Water Mitigation Certificate associated with each of the parcels <br />B, C, D, F, G, H, and J of Flying M Ranch's Adjoining Property, no later than two <br />(2) weeks before closing is planned. <br />Seller and Buyer further agree that, at closing, Seller will cause Flying M Ranch to <br />sign a Kittitas County Water Metering Agreement, substantially in the form <br />included in Exhibit F, for each Water Mitigation Certificate. At closing, each Water <br />Mitigation Certificate, along with a Kittitas County Water Metering Agreement, <br />will be recorded with the Kittitas County Auditor's office on the title record for <br />each of parcels B, C, D, F, G, H, and J of Flying M Ranch's Adjoining Property, <br />4. 5 b'ect Property Include ter and Water Rights, Seller and Buyer agree that the <br />sale of Subject Property includes water located thereon and any and all water rights appurtenant <br />including one domestic groundwater well serving assessor parcel #957628 and water rights <br />associated with Water Right Certificate Numbers 54-84227-J and 54-842284 (collectively the <br />"Included Water Rights"). The Included Water Rights are identified in the Exhibit G, which <br />includes the Certificate of Adjudicated Water Rights and Amended Modification Order of Water <br />Right Change. Seller and Buyer agree that the Subject Property expressly excludes any water rights <br />associated with Water Right Certificate Numbers 54-84229-J(A) or 54-84229-J(B) and one <br />domestic groundwater well serving assessor parcel #808933 (collectively the "Excluded Water <br />Rights"). <br />5. Condition of the Subject Property. Buyer acknowledges that it has had or will be given <br />the opportunity to conduct an investigation or inspection of the Subject Property, and agrees to <br />accept the same "as is" in its present condition, except (i) as such condition may be affected by the <br />representations and warranties made by Seller to Buyer with regard to the Subject Property in <br />Section 10 of this Agreement, and (ii) as such condition may be affected by the warranties arising <br />under the deed conveying title from Seller to Buyer. <br />6. Escrow. Upon execution of this Agreement, or as soon thereafter as is convenient, the <br />parties shall open an escrow with Kittitas Title and Escrow, LLC, 208 West 9" Avenue, Suite 6, <br />Ellensburg, Washington, 98926, attention Dave Johnson, telephone number (509) 933-4324 (the <br />"Escrow Holder") for the purpose of closing the purchase and sale of the Subject Property. Escrow <br />shall close no later than June 30, 2021, though Buyer and Seller will make all reasonable effort to <br />close by April 28, 2021, provided that closing will be subject to Seller being in a position to convey <br />title to the Subject Property and subject to the satisfaction of the conditions precedent set forth in <br />Section 3 above. <br />