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o <br /> <br />10. <br /> <br />(3) <br /> <br />A Temporary Construction Easement conveying temporary construction <br />easement rights for a sixty foot (60') by one-hundred foot (100') area of property <br />adjacent to the Property, in the form described in the attached Exhibit "D"; <br /> <br />(4) <br /> <br />An Owner's Policy of Title Insurance (the "Title Policy") issued by the Title <br />Company in the full amount of the Sales Price, dated as of the Closing Date, <br />insuring Buyer's fee simple title to the Property subject to the permitted title <br />exceptions and the standard printed exceptions contained in the usual form of the <br />Title PoliCy in this state; and <br /> <br />(5) All other documents reasonably required by the Title Company or the Buyer to <br /> carry out the terms of this Contract. <br /> <br />B. At the Closing, the Buyer will deliver to the Seller: <br /> <br />(1) The Sales Price (less the Earnest Money) in the form of a check, and <br /> <br />(2) <br /> <br />Any document reasonably required by the Title Company or the Seller to <br />carry out the terms of this Contract. <br /> <br />Co <br /> <br />Rents, utility charges, ad valorem taxes and any other items of income or operational <br />expenses owing in connection with the Property for the current year shall be prorated <br />at the closing effective as of the Closing Date. <br /> <br />CASUALTY LOSS. If any part of the Property is damaged or destroyed by flooding, <br />earthquake or other casualty loss prior to closing, the Buyer may terminate this Contract and <br />have the Earnest Money promptly refunded, or the Buyer may accept the Property in its then <br />existing condition. <br /> <br />DEFAULT. If the Buyer fails to comply with its obligation to purchase the Property, the <br />Seller may either enforce specific performance of this Contract, to the exclusion of its other <br />remedies, or the Seller may terminate this Contract and receive the Earnest Money as <br />liquidated damages. If the Seller fails to comply with its obligation to sell the Property, the <br />Buyer may terminate this Contract and receive the Earnest Money, thereby releasing the <br />Seller from this Contract, or the Buyer may enforce specific performance of this Contract, to <br />the exclusion of its other remedies. <br /> <br />NOTICES. Except as otherwise expressly provided in this Contract, any notice or <br />communication under this Contract will be deemed to be delivered, whether actually received <br />or nor, when either hand delivered, or deposited in the United States mail, postage fully <br />prepaid, registered or certified mail, and addressed to the intended recipient at the address set <br />forth below: <br /> <br />Page 3 of 6 <br /> <br /> <br />