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� 99 10958 � substance, hazardous waste, discard, emission or other form of pollution relating in any way to the property, as known by Seller. Seller has no knowledge of any hazardous substance or hazardous waste, as defined by the Resource Conservation Recovery Act . as amended, 42 §§ U.S .C. 6901 et seq. , or the Comprehensive Environmental Response, Compensation and Liability Act, as amended, 42 U.S.C. §§ 9601 et seq. , being, or having been, generated, manufactured, refined, transported, treated, stored, handled or disposed of on, at or near the Property. 12 . AS IS PERSONAL INSPECTION: Seller and Buyer agree that Buyer shall accept possession of the property at closing on an "AS IS, WHERE IS, WITH ALL FAULTS" basis, except as provided in this Agreement. Buyer shall have no right of set-off or reduction in the purchase price, and that except as explicitly set forth in this Agreement, such sale shall be without representation or warranty of any kind, express or implied, including, without limitation, warranty of income potential, operating expenses, uses, merchantability or fitness for a particular purpose, and Seller does hereby disclaim and renounce any such representation or warranty. Buyer specifically acknowledges that Buyer is not relying on any warranties or representations of any kind whatsoever, express or implied, from Seller, Broker or any other Party as to any matter concerning the property, except as specifically set forth in this Agreement. Buyer acknowledges that a reasonable opportunity for inspection of the property existed prior to the execution of this Agreement, and Buyer is relying on its own inspections and other due diligence activity as a basis for entering this transaction. 13 . CONDITIONS OF CLOSING- 13 . 1 BUYER'S CONDITIONS OF CLOSING. Unless waived by Buyer in writing, the obligations of Buyer under this Agreement are subject to fulfillment of the following conditions : 13 . 1 . 1 DEED AND TITLE INSURANCE CONIlrlITMENT. Buyer shall receive at Closing a warranty deed, or a deed equivalent to that of the Seller' s, for the Property and a commitment for title insurance in accordance with this Agreement. 13. 1 .2 FINANCING. Buyer shall receive a firm commitment for a commercial loan in the amount and upon such terms and conditions as are satisfactory to Buyer in its sole discretion, which financing shall be in an amount sufficient in order for Buyer to acquire and develop said property for its intended use as a residential development subdivision. As part of this condition, the parties hereto acknowledge and agree that Buyer' s primary lender is United Nebraska Bank, but Buyer is entitled to seek financing from any lender of Buyer' s 5