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I <br />I <br /> <br /> recording fees relating to the filing of the deed from SELLER; and <br /> (d) title insurance premiums, if any, and title company closing <br /> fee, if any. <br /> <br /> 8. POSSESSION. BUYER shall take possession of the Property <br /> after the conclusion of the Closing. <br /> <br /> 9. DAMAGES TO REAL PROPERTY. If the Property is <br /> substantially damaged prior to closing, BUYER may at its sole <br /> option rescind this Agreement by notice to SELLER within ten (10) <br /> days after SELLER notifies BUYER of the damage, during which ten <br /> day period BUYER may inspect the Property. In the event of <br /> rescission, the Earnest Money shall be refunded to BUYER. <br /> <br /> 10. PERSONAL PROPERTY NOT INCLUDED. There is no personal <br /> property included in this sale. <br /> <br /> 11. COVENANTS, REPRESENTATIONS AND WARRANTIES OF SELLER. <br /> <br /> 11.1 SELLER shall take no actions to encumber title to <br /> <br /> the Property after the date of this Agreement, which action is not <br /> contemplated by this Agreement. <br /> <br /> 11.2 SELLER warrants that it has not used the Property <br />for the storage of hazardous substances or petroleum products, and <br />as of the date of the execution of this Agreement, is not aware of <br />any facts the existence of which would constitute a violation of <br />any local, state of federal environmental law, regulation or review <br />procedure or which would give any person a valid claim under MERLA <br />or CERCLA. The foregoing is applicable only to SELLER's actual <br />knowledge of facts, and SELLER represents that SELLER has made no <br />independent investigation of the Property. BUYER may enter into <br /> <br />7 <br /> <br /> <br />