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201400640 8. Costs of Transaction. Buyer shall pay the recording fee with respect to filing this Agreement (or a short form memorandum hereo� and the warranty deed referenced in Section 4. Seller shall pay the applicable transfer taxes. All other costs associated with this transaction, including any fee charged by the Escrow Agent, shall be shared equally by Buyer and Seller. 9. Environmental. To induce Buyer to enter into this Agreement and to purchase the subject Property, Seller hereby represents, warrants, covenants and agrees with Buyer that to the best of Seller's knowledge and belief, no hazardous substances are being currently manufactured,treated, stored, released or disposed of on the Property or any part thereo£ Seller further represents and warrants to Buyer that the Property has not previously been used for any purpose which would currently impose liability on the owner of the Property for any hazardous, toxic, dangerous waste, substance or material, now or at any time hereinafter in effect. Seller represents to Buyer that Seller has no knowledge of any adverse environmental conditions which affect the Properiy, the value thereof or potential liability in connection with ownership or operation of the Property, except such environmental conditions as have been fully disclosed in writing to Buyer by Seller. 10. Like-Kind Exchan�e. The parties hereto agree that either or both of them may assign this Land Contract to a nominee or qualified intermediary to act in her/its place as the Buyer or Seller of the Property in order to effectuate a deferred like-kind exchange or a reverse like-kind exchange pursuant to Section 1031 of the Internal Revenue Code of 1986, as amended. 11. Utilities; Repair. Buyer (or its tenant, as the case may be) shall be responsible for all utility charges and costs accruing after the date Buyer talces possession of the Properiy pursuant to Paragraph 12 of this Agreement. Buyer shall be responsible for all maintenance and repair costs related to the Property. 12. Possession of Pro�erty; Existin�. Buyer may enter into possession of the Property and continue in possession beginning September 1, 2013, and continuing for and during the life of this Agreement. Notwithstanding the foregoing, Buyer acknowledges and agrees that its possessory interest in the Property shall be subject to the leasehold interest of Titan Machinery, Inc., a Delaware corporation ("Titan"), which is held by Titan pursuant to the written lease agreement between Seller and Titan dated June 1, 2008, as amended (the "Lease"). Effective as of September 1, 2013, Seller hereby assigns to Buyer, and Buyer hereby assumes from Seller, all rights, duties and obligations as landlord under the Lease, including without limitation the right to receive rent from Titan in accordance with the Lease. Upon termination of the Lease, Buyer shall be entitled to lease any or all portions of the Property to third parties (subject to the terms of this Agreement) and collect all rents due and owing on said lease(s). Buyer shall maintain the premises and all improvements thereon in good repair, shall permit no waste, and shall take the same care thereof that a prudent owner would take. 13. Street Improvements. Buyer and Seller acknowledge and agree that the Property abuts Webb Road in Grand Island, Nebraska, and that local taxing autharities (e.g., the City, County and/or a Street Improvement District) are presently contemplating street improvements (e.g., widening) to Webb Road. To the extent that any special assessments are levied upon the Property as a result of Webb Road improvements during the term of this Agreement, Buyer and Seller agree that they will split those costs equally. Specifically, Seller shall be responsible for delivering to Buyer one-half('/2) of the total amount of any such special assessment installment due to the taxing authority within ten(10) days' notice of such assessment from Buyer or the local taxing authority, and Buyer shall be responsible for remitting full payment of the special assessment installment accordingly. 3