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10-28-2015 Additions
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10-28-2015 Additions
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10/29/2015 7:26:54 AM
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(2) Withhold from the Purchase Price an amount which, in the reasonable <br />judgment of Title, is sufficient to assure cure of the Objections. Any <br />amount so withheld will be placed in escrow with Title, pending such <br />cure. If Seller does not cure such Objections within ninety (90) days after <br />such escrow is established, Buyer may then cure such Objections and <br />charge the costs of such cure (including reasonable attorney's fees) against <br />the escrowed amount. If such escrow is established, the parties agree to <br />execute and deliver such documents as may be reasonably required by <br />Title, and Seller agrees to pay the charges of Title to create and administer <br />the escrow. <br />(3) Waive the Objections and proceed to close. <br />7. Operation Prior to Possession. During the period from the date of Seller's acceptance <br />of this Agreement to the Possession Date (the "Executory Period"), Seller shall operate and <br />maintain the Property in the ordinary course of business in accordance with prudent, reasonable <br />business standards, including the maintenance of adequate liability insurance and insurance <br />against loss by fire, windstorm and other hazards, casualties and contingencies, including <br />vandalism and malicious mischief. Seller shall execute no contracts, leases or other agreements <br />regarding the Property during the Executory Period that are not terminable on or before the <br />Possession Date, without the written consent of Buyer, which consent may be withheld by Buyer <br />at its sole discretion. <br />8. Representations and Warranties by Seller. Seller, to the best of their knowledge, <br />represents and warrants to Buyer as follows: <br />(a) <br />Title to Property. Seller will convey title to Property at closing free and clear of <br />all encumbrances except the Permitted Encumbrances identified on Exhibit B <br />attached hereto(the "Permitted Encumbrances"). This provision ensures that the <br />Seller will pay all outstanding liens and judgments, known or unknown and those <br />filed against the property as of the date of closing. <br />(b) Utilities. Seller has received no notice of actual or threatened reduction or <br />curtailment of any utility service now supplied to the Real Property. <br />(c) Environmental Laws. No toxic or hazardous substances or wastes, pollutants or <br />contaminants (including, without limitation, asbestos, urea formaldehyde, the <br />group of organic compounds known as polycholorinated biphenyls, petroleum <br />products including gasoline, fuel oil, crude oil and various constituents of such <br />products, and any hazardous substance as defined in the Comprehensive <br />Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), <br />42 U.S.C. § 9601-9657, as amended) have been generated, treated, stored, <br />released or disposed of, or otherwise placed, deposited in or located on the <br />Property, nor has any activity been undertaken on the Property that would cause <br />or contribute to (i) the Property to become a treatment, storage or disposal facility <br />11 <br />
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