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Closing. Buyer agrees to repair any damage to the Property caused by such inspections and to <br />return the Property to substantially the same condition as existed prior to such inspection. Buyer <br />acknowledges that Buyer is purchasing the Property in reliance only on the representations <br />of Seller set forth in Section 9, Buyer's inspection of the Property and Buyer's judgment <br />regarding the sufficiency of such inspections and the condition of the Property as disclosed <br />thereby. Buyer is not relying on any written or oral representations, warranties or <br />statements that Seller has made except for the representations set forth in Section 9 of this <br />Agreement. Subject to Buyer's right to terminate this Agreement pursuant to Sections 11, <br />and 13, Buyer is purchasing the Property in "AS IS" condition relying only on the <br />representations set forth in Section 9. <br />on: <br />11. Buyer's Contingencies. Buyer's obligations under this Agreement are contingent <br />a. the representations set forth in Section 9 being true, when made; <br />b. the representations set forth in Section 9(b), 9(c) and 9(e) being true as of <br />the Date of Closing; <br />c. no third party having commenced, or overtly threatened to commence, an <br />action against Seller between the date of this Agreement and the Date of Closing in <br />which the third party asserts a claim that impairs the marketability of Seller's title to all or <br />any portion of the Property or Seller's legal authority to convey title to all or any portion <br />of the Property to Buyer; <br />d. no party to an action described on Exhibit C having amended or overtly <br />threatened to amend its pleadings between the date of this Agreement and the Date of <br />Closing to assert a claim that impairs the marketability of Seller's title to all or any <br />portion of the Property or Seller's legal authority to convey title to all or any portion of <br />the Property to Buyer; <br />e, Seller obtaining and recording either (i) a Directive of the Anoka County <br />Examiner of Titles or (ii) an Order of the Anoka County District Court, directing the <br />Anoka County Registrar of Titles to cancel the existing Certificates of Title for the <br />portions of the Property that are registered property under Minn. Stat. Ch. 508 and to <br />issue one or more new Certificates of Title for those portions of the Property showing <br />Seller as the owner and containing no recitals or memorials other than the Permitted <br />Encumbrances; and <br />f. The Title Company's agreement to issue to Buyer, on the actual date of <br />Closing, a 2006 ALTA Form Owner's Policy of Title Insurance subject only to a standard <br />exception for matters that would be disclosed by an accurate survey of the Property and <br />exceptions for Permitted Encumbrances. <br />If one or more of these contingencies is not satisfied as of the Date of Closing, as the same may <br />be extended pursuant to Section 5 above, Buyer may terminate this Agreement pursuant to <br />Section 14. If, as of May 1, 2010, the transaction has not closed and Buyer has not given Seller a <br />2303766v8 8. <br />