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fees,(viii)insurance related to the Property,and(ix)all other closing costs,fees,or taxes not specifically <br /> listed as a Seller expense in this Agreement.Seller shall pay for(i)the cost of preparing and recording the <br /> deed,(ii)recording and other fees needed to cure title,and(iii)Seller's attorneys' fees. <br /> 9. Risk of Loss:The risk of loss or damage to the Property by fire or otherwise until the Closing is assumed by <br /> Seller;provided,however,that Seller undertakes no duty to maintain or preserve any personal property or <br /> contents at the Property,and the entire risk of loss regarding such personal property and contents prior to <br /> settlement is strictly and only on Buyer,no matter the cause and no matter the degree or type of damage to <br /> such personal property. <br /> 10. Possession:Buyer shall be entitled to possession only at Closing.The Property may be occupied by third <br /> parties at the time of Closing,and the Property is sold subject to any claims such third parties may have to <br /> continue in possession.Seller makes no representations or promises regarding the rights of such occupants or <br /> Buyer's ability to retain or eject the occupants. <br /> 11. Disclaimer("As-Is"):No representations or warranties of any kind are made with respect to the Property, <br /> including,without limitation,its condition or any use to which it may be put.Buyer acknowledges that the <br /> Property is being sold on an"AS IS,""WHERE IS,""WITH ALL DEFECTS"basis,and any and all <br /> warranties,express,implied,or otherwise,including,without limitation,the warranties of habitability, <br /> merchantability,marketability,and fitness for any purpose,shall be and hereby are disclaimed.Seller <br /> acquired this Property through an assignment at foreclosure. Seller makes no warranties,either verbal or <br /> written,expressed or implied,to anyone concerning the property,its merchantability,fitness for use for a <br /> particular purpose,or otherwise including,but not limited to,any related equipment,fixtures,or <br /> mechanical systems.Seller makes no representations concerning existing zoning ordinances.No <br /> representation or warranty is made as to the Property's compliance with any laws,rules,regulations,or <br /> ordinances,including,without limitation,any of the same pertaining to zoning,environmental law,or <br /> hazardous waste.Seller and its officers,employees,agents,and attorneys shall have no responsibility or <br /> liability for loss of assets,loss of income,loss of time,inconvenience,commercial loss,and/or any incidental <br /> or consequential damage,loss,or injury.Buyer acknowledges that Buyer has had a full and unrestricted <br /> opportunity to inspect the Property,free of any coercion from and without relying upon any representations by <br /> Seller. Buyer is not entitled to rely on any representations or warranties regarding the Property and any such <br /> representations or warranties have not been authorized by Seller or its officers,employees,agents,or <br /> attorneys.Seller takes no responsibility for and shall not be liable as a result of such representations or <br /> warranties. It is acknowledged and agreed to by Buyer that the property is being sold as salvage and that it <br /> might not be occupied in its current condition.It is acknowledged and agreed to by Buyer that the property <br /> may require a certificate of continued occupancy or similar certification or compliance with State Code.No <br /> such certificates will be provided by Seller.Any required Certificate of Occupancy or other certificates <br /> required for the sale,transfer,or occupancy of the Property shall be obtained by Buyer.Buyer <br /> acknowledges that substantial repairs may be required before such certificates may be obtained.Buyer <br /> agrees to assume responsibility for any repairs to the Property including those required to obtain such <br /> Page 4 of 10 gi i <br /> FL „zit') <br /> Confidential <br /> 1�' <br />