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3. 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 made <br />by either party other than what is contained in this document. Any representations herein <br />shall survive the filing of the deed for record. No modification of this agreement may be <br />made unless in writing and signed by both parties. <br />4. POSSESSION. Subject to paragraph 5 below, Buyer shall be entitled to take <br />possession of said premises on the date set for the closing of this matter. Seller shall be <br />responsible for any and all utilities consumed upon the Premises, until possession is <br />transferred to Buyer. Buyer and Seller shall cooperate to have any and all utilities <br />transferred as of the date of possession and Seller shall order final meter readings as of <br />said date. <br />5. TENANT IN POSSESSION. Buyer acknowledges that there is a month-to-month <br />tenant in possession of the property. The Seller will have no responsibility to remove the <br />current month-to-month tenant prior to closing. Buyer will assume full responsibility for the <br />continued tenancy or removal of the tenant after closing. <br />6. TAXES. Seller shall pay all delinquent taxes, including penalties and interest, <br />and all other real estate taxes which are a lien on the closing date, prorated to that date <br />and computed, if undetermined, on the basis of the last certified tax rate and valuation. <br />Seller shall also pay all assessments pro-rated to the date of closing which exist on the <br />property as of the date of closing. Buyer agrees to pay before delinquency all taxes and <br />assessments that may thereafter become due on said premises. <br />7. HAZARDS. Buyer shall assume all risk of damage to or destruction of any <br />improvements now on said land or hereafter to be placed thereon from the date of transfer <br />of possession. However, if any building on the premises or any part thereof shall be <br />2