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(ii> Instructions Regarding Initial Oeposit. Except as <br />specifically set fOrth in this Section 5, EscrOw Holder-may not accept any <br />instructions with respect to the Initial OepOsit unless signed by both <br />Exchan~ee .and Exchangor. <br /> (iii) Claims Against and Indemnification of Escrow Holder~. <br />Exchangee hereby w~ives any claim against Escrow Holder arising from any <br />delivery of the Initial Deposit 'to Exchangor and'.agrees that its sole remedy <br />shall be against Exchangor. Exchangor agrees to indemnify Escrow Holder and <br />hold it harmless from any claim asserted against EscrOW Holder by Exchangee <br />arising from any delivery of funds to Exchangor pursuant to this Agreement. <br /> <br /> 4. Conveyance... <br /> Property shall be conveyed to Exchangee, or his nominee, by Warranty <br />Deed wherein Exchsngor warrants title by, through and under it and no further, <br />and subject to: (a) taxes and assessments (both general and special), not <br />then due and payable; (b) building and zoning ordinances, laws, regulations <br />and restrictions by municipal or other governmental authority applicable to <br />and enforceable against the property; (c) easements and rights of way, and to <br />all valid and existing encumbrances, conditions, covenants, restrictions, <br />reservations and exceptions of record, if any; (d) any state of facts that an <br />accurate survey and personal inspection of the Property would disclose; and <br />(e) the restrictions specified in Section 5 hereunder. <br /> <br /> 5. Restrictions. <br /> Property shall be conveyed subject to restrictions, in such form as <br />Exchangor shall provide, prohibiting the use thereof, in ~hole or in part, for <br />automobile service station purposes or for the sale, storage or distribution <br />of any motor vehicle fuels, lubricants, tires, batteries, automotive <br />accessories, or other petroleum products for a period of twenty (20) years. <br />Such restrictions and covenants of Exchangee with respect thereto shall run <br />with the land for the benefit of the adjoining premises of Exchargor and/or <br />other premises of Exchangor in the area in which the Rroperty is located, <br />whether leased or owned during said twenty (20) year period. Such <br />restrictions shall not, however, prohibit the storage of motor fuel lubricants <br />or other petroleum products on the Property for the purpose of use or <br />consumption by occt~ants. <br /> 6. Taxes. All taxes and assessments on the Property shall be prorated as <br /> of the date of closing on the basis of a calendar year and the amounts shown <br /> on the last available County Treasurer's tax duplicate. Local Utility charges <br /> shall be prorated by the parties outside of escrow as of the date of the <br /> delivery of possession to Exchangee, as hereinafter provided. Exchangor shall <br /> pay the cost of any State Oocumentary star~s or transfer fees required on the <br /> deed and Exchangee shall pay the cost of recording such deed and any Local <br /> Documentary Stamps or transfer fees required. <br /> 7. Possession. Possession of the Rroperty shall be delivered to <br /> Exchangee upon closing. ~'- <br /> <br /> <br />