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40 40 C�] 13. CLOSING PLACE AND DATE. The closing shall be on or before 15 days after Purchaser exercises the option: provided, however, that if a defect exists in the title to the Property, title commitment, survey, environmental site assessment, or any other document, required to be provided or completed and executed by Seller, the closing shall occur either on the original closing date or within 60 days after receipt of documentation curing the defects, whichever is later. The date, time and place of closing shall be set by Purchaser. 14. RISK OF LOSS AND CONDITION OF_REAL _PROPERTY. Seller assumes all risk of loss or damage to the Property prior to the date of closing and warrants that the. Property shall be transferred and conveyed to Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. However, in the event the condition of the Property is altered by an act of God or other natural force beyond the control of Seller, Purchaser may elect, at its sole option, to terminate this Agreement and neither party shall have any further obligations under this Agreement. Seller represents and warrants that there are no parties other than Seller in occupancy or possession of any part of the Property. Seiler agrees to clean up and remove all abandoned personal property, refuse, garbage, junk, rubbish, trash and debris from the Property to the satisfaction of DSL prior to the exercise of the option by Purchaser. 15. RIGfiT TO ENTCR PROPERTY AND POSSESSION. Seller agrees that from the date this Agreement is executed by Seller, Purchaser and its agents, upon reasonable notice, shall have the right to enter the Property for all lawful purposes in connection with this Agreement. Seller shall deliver possession of the Property to Purchaser at closing. 16. ACCESS. Seller warrants that there is legal ingress and egress for the Property over public roads, Purchaser's adjacent property or valid, recorded easements for the use and benefit of and as an appurtenance to the Property. 17. DEFLkU . If Seller defaults under this Agreement, Purchaser may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from Seller's default. in connection with any dispute arising out of this Agreement, including without limitation litigation and appeals, Purchaser will be entitled to recover reasonable attorney's fees and costs. 18. BROKERS. Seller warrants that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of accurately as t this Agreement or subsequent closing, except y disclosed on the disclosure statement required in paragraph 9. 19. RECORDING. This Agreement, or notice of it, may be recorded by Purchaser in the appropriate county or counties. 20. ASSIGNMENT, This Agreement may not be assigned by Purchaser or Seller. 21. TIME. Time is of essence with regard to all dates or times set forth in this Agreement. 08/04/00 1.0s38AM SHRTFRM . Gf i Page 6