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a. Conditions to Closing. As a condition to Buyer's obligation to close, (i) all of <br /> Seller's representations and warranties shall be true and correct as of the Closing <br /> Date, (ii) Seller shall have performed all of its obligations under this Agreement, <br /> (iii) no condemnation or eminent domain affecting the Property or access to the <br /> Property shall have occurred or be threatened, (iv) the title company shall be <br /> irrevocably and unconditionally be prepared to issue its final title policy to Buyer <br /> pursuant to the Title Commitment, subject only to the Permitted Exceptions and <br /> free from the standard exceptions with all endorsements that Buyer shall request <br /> in connection with its title and survey review. If all of conditions are not satisfied <br /> on or before the Closing Date, Buyer may terminate this Agreement and receive a <br /> refund of any Earnest Money without limitation of any other remedy if the failure <br /> of condition was due to a default by Seller under this Agreement. <br /> b. Seller's Obligations at Closing. At Closing, Seller must deliver to Escrow <br /> Agent, for delivery to Buyer: <br /> i. A general warranty deed, duly executed and acknowledged on behalf of <br /> Seller, conveying title to the Property; and <br /> ii. Seller's affidavits (including such affidavits as required to induce the Title <br /> Company to remove the standard exceptions from the Title Policy), UST <br /> affidavit, well disclosure certificate (if required), settlement statement <br /> approved by Seller and Buyer, and any other documents required by the <br /> Escrow Agent. <br /> C. Buyer's Obligations at Closing. At Closing, Buyer must: <br /> i. Wire Transfer(or deliver a certified check in) an amount equal to the <br /> amount of the Purchase Price adjusted for to reflect Buyer's prior payment <br /> of the Earnest Money to Escrow Agent for disbursement to Seller and <br /> others pursuant to this Agreement and the Settlement Statement; and <br /> ii. File or cause Escrow Agent to file an Electronic Certificate of Real Estate <br /> Value. <br /> d. Closing Costs. <br /> i. At Closing, the following Seller closing costs and expenses must be paid <br /> from the Purchaser Price or, if the Purchase Price is not sufficient, paid by <br /> Seller: <br /> 1. Seller's portion of the property taxes prorated to the date of <br /> closing. <br /> 2. Seller's own attorney's fees. <br /> 3. One-half the cost of any closing fees. <br /> 4. State deed tax. <br /> 6 <br />