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201008237 <br />1 S.b Lessor shall be responsible at the closing for the payment of any real estate <br />transfer tax in respect to any deed to be recorded at the closing. Lessee shall be responsible for <br />the cost of filing the deed of transfer and cost of closing agent shall be equally divided between <br />the parties. <br />15.8 Within ten (10) days after receipt of notice of exercise, Lessor shall furnish <br />Lessee with an Owner's Title Insurance Commitment, showing marketable title in the real estate <br />ta be vested in Lessor. Lessee shall then have ten (10) days within which to info�n Lessor, in <br />writing, of any title defects Lessee claims are disclosed in the commitment. If any meritorious <br />defects are claimed, Lessor shall have a ceasonable time within which to cure the defects, The <br />parties hereto agree that the cost of the Owner's Title Insurance Policy in the amount of the <br />purchase price shall be paid equally by Lessor azad Lessee; however, the cost of the Martgagee's <br />endorsement or any other requirements imposed by Lessee's lender, including any surveying <br />costs, loan origination fees and/or discount points, shall be paid entirely by Lessee. <br />15.9 Risk of loss to the leased premises shall be upon Lessar until the time of closing <br />and thereafter shall be upon the Lessee. The parties shall continue in force until closing all <br />insurance in force at the tirne the Lessee exercises its option to purchase the leased premises. <br />In the event that prior to closing the building located upon the leased premises is burned or <br />otherwise da�maged to such an extent that it cannot reasonably be repaired and placed in <br />substantially the condition that it was in at the time Lessee exercised its option to purchase, <br />then Lessee shall have the right prior to closing to cancel this Agreement. <br />15.11 Should the optian to purchase be exercised, Lessee acknowledges that it has <br />personally inspected the leased premises and that no representations regarding the condition o F <br />the premises or appurtenances, nor their fitness for any particular purpose, hav� been made by <br />Lessor or any representative of Lessor and Lessee shall accept such premises "as is". <br />15.12 The right to exercise this option is conditioned upon the favorable perfortnance by <br />Lessee of all the covenants, canditions and agreements required to be performed by it as Lessee <br />under this lease, and the payrnent by Lessee of all basic rent, additional rent and other special <br />payments as provided in this lease to the date of the completion of the purchase of the property <br />by Lessee. <br />15.13 Upon the closing of the purchase of the leased premises by Lessee, Lessee's <br />leasehold interest in this Lease with Purchase Option shall merge into Lessee's ownership <br />interest of the leased premises and this Lease with Purchase Option shall be of no further force or <br />eifect, <br />ART�CLE XVI <br />S ecial A reements <br />16.1 It is agreed that no change ox changes shall be made in this Lease with Furchase <br />Option except by writing signed by the parties hereto, setting forth the terms of the agreed <br />modification. <br />16.2 If any written notice is required to be given to any of the parties this notice shall <br />be considered as sufficiently given if deposited in the United States Mail, postage prepaid to the <br />parties as follows: <br />0 <br />