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Page 2 Addendum to Sunny Isles/Ismat & Dubitzky Contract (b) Neither Seller is insolvent and neither is the subject of any pending, threatened or contemplated bankruptcy, insolvency or other debtor relief proceedings. There are no actions, suits or proceedings pending or threatened against, by, or affecting the Sellers in any court or before any government agency relating to the ownership of or Sellers' ability to convey the property. (4) ASSIGNMENT. This Contract may be assigned by Simcha Dubitzky. If an assignment of this interest shall occur prior to closing, there must be full disclosure as to each party in interest in compliance with the laws of the State of Florida and the City Code for the City of Sunny Isles Beach. (5) BROKER. It is understood and agreed that The Keyes Company is the sole and only real estate broker involved in this transaction. Each party represents to the other that they have dealt with no realtor other than The Keyes Company in this transaction. Sellers warrant and represent that Buyer shall not be responsible for any brokerage commission for this transaction and agree to indemnify and hold harmless the Buyer from and against any costs, fees damages, claims and liabilities arising including without limitation attorney's fees through all trial and appellate levels of litigation arising out of any claim made by any broker or salesperson claiming by reason of its dealings with Sellers. The real estate commission payable to The Keyes Company by Sellers will be five (5%) percent of the purchase price with the understanding that the commission shall only be due and payable upon closing of this transaction. If this transaction fails to close for any reason, then no commission will be due. (6) DISCLOSURE. The laws of the State of Florida and the City Charter for the City of Sunny Isles Beach requires full sworn and notarized disclosure as to all parties in interest as to each Seller in this transaction. This disclosure must be provided to Buyer within ten (10).days of effective date of the Contract and shall include the following information: (a) Identity of property and name of owner; (b) Names and addresses of each person or entity holding an interest either as owner or shareholder of owner; and (c) For the corporate owner, the names and addresses of each officer and director. (7) EXISTING EASEMENTS. The plat of Sunny Isles Shores, Section `B", Plat Book 65, Page 47, Dade County, Florida, appears to reflect that each of the individual lots being conveyed contains a rear lot utility easement. Buyer's utilization of this property would be restricted by the existence of these easements and it is understood that the existence of these easements constitutes a title objection. The parties hereto have agreed that it will be necessary to re -plat the subject real property in order to eliminate the existing rear lot utility easement. Sellers shall retain and shall pay for the services of Schwebke-Shiskin & ., yy