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Buyer so elects. The Buyer shall have the option of accepting insurance proceeds or having the <br />repairs completed at Seller's cost. <br />6. 1dIARI~ETABLE TITLE. Seller shall convey to Buyer marketable title at the <br />close of escrow, free of all encumbrances, covenants, and restrictions except for such utility <br />easements and rights of way of record. <br />7. AS IS. Buyer hereby acknowledges that it has examined the property and <br />accepts it in as an "as is" condition, and there are no representations or warranties made by either <br />party other than what is contained in this document. Any representations herein shall survive the <br />filing of the deed for record. No modification of this Agreement may be made unless in writing <br />and signed by both parties. <br />8. ESCROW PROCEDURE. All documents and funds and/or financial <br />commitments for funds necessary to complete this transaction shall be placed in escrow with the <br />Surety Title Company in sufficient time to permit transfer of title on the date set forth for <br />closing. This Agreement shall be considered by the escrow agent as escrow instructions, but <br />shall be subject to the escrow agent's standard conditions of escrow acceptance where not <br />inconsistent herewith, and which conditions of escrow shall be made a part hereof and <br />incorporated herein by reference. <br />9. TITLE TRANSFER. Title will transfer to Buyer by the recording of the deed, <br />on or about December 15, 2008 (the "Closing Date"), unless the parties otherwise agree to a <br />mutually satisfactory date in writing. <br />10. TITLE GUARANTY. Said evidence of Title Guaranty shall be in the amount of <br />the purchase price of the property, and is to be furnished with fifteen (15) days prior to closing <br />for examination by Buyer. Seller shall be given written notice within two (2) days after receipt <br />-4- <br />