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6. MARKETABLE TITLE. Seller shall convey to Buyer marketable title at the <br />close of escrow, free of all encumbrances, covenants, and restrictions except for such <br />utility easements and rights of way of record. Seller shall release dower in the property. <br />7. AS IS. Buyer hereby acknowledges that it has examined the property and <br />accepts it in an "as is" condition, and that there are no representations or warranties <br />made by either party other than what is contained in this document. Any <br />representations herein shall survive the filing of the deed for record. No modification of <br />this Agreement may be made unless in writing 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 <br />with the Surety Title Company in sufficient time to permit transfer of title on the date set <br />forth for closing. This Agreement shall be considered by the escrow agent as escrow <br />instructions, but shall be subject to the escrow agent's standard conditions of escrow <br />acceptance where not inconsistent herewith, and which conditions of escrow shall be <br />made a part hereof and incorporated herein by reference. <br />9. TITLE TRANSFER. Title will transfer to Buyer by the recording of the <br />deed on or about , 2002, 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 <br />amount of the purchase price of the property, and is to be furnished within five (5) days <br />prior to closing for examination by Buyer. Seller shall be given written notice within two <br />(2) days after receipt of such report by Buyer of any defect in title requiring correction, <br />and shall undertake to make such corrections immediately. Seller shall not be liable for <br />any damages by reason of any defect in title which cannot be corrected, but if such <br />3