IN THIS AGREEMENT TO BE PERFORMED AND
COMPLIED WITH BY SELLER PRIOR TO CLOSING; AND ESCROW HOLDER MAY DEEM ALL SUCH
ITEMS TO HAVE BEEN PERFORMED AND COMPLIED WITH WHEN SELLER HAS DEPOSITED ALL
ITEMS IN ESCROW AS REQUIRED HEREUNDER.
9.5.
TITLE POLICY.
TITLE COMPANY WILL ISSUE ITS ALTA EXTENDED COVERAGE
OWNER'S POLICY OF TITLE INSURANCE (REV'D 10/17/70) IN THE AMOUNT OF THE PURCHASE
PRICE SHOWING TITLE VESTED IN BUYER SUBJECT ONLY TO THE PERMITTED EXCEPTIONS AND
THE USUAL EXCEPTIONS FOUND IN SAID POLICY, TOGETHER WITH SUCH ENDORSEMENTS AS
THE TITLE COMPANY SHALL HAVE COMMITTED TO ISSUE PRIOR TO THE REVIEW PERIOD
EXPIRATION DATE; PROVIDED, BUYER SHALL CONFIRM WITH TITLE COMPANY PRIOR TO THE
REVIEW PERIOD EXPIRATION DATE, THAT IT CAN ISSUE THE POLICY FORM DESCRIBED
ABOVE.
11
9.6.
NO TERMINATION.
THIS AGREEMENT SHALL NOT HAVE BEEN TERMINATED
PURSUANT TO ANY OTHER PROVISION HEREOF.
10.
CLOSING DELIVERIES.
AT CLOSING, SELLER SHALL DELIVER OR CAUSE TO
BE DELIVERED TO BUYER THE FOLLOWING AND BUYER SHALL DELIVER TO SELLER, OR CAUSE
TO BE DELIVERED TO SELLER, BUYER'S SIGNATURES ON THE APPLICABLE DOCUMENTS AS
FOLLOWS:
10.1.
DEED.
THE GRANT DEED FOR THE LAND, IN THE FORM OF EXHIBIT D,
EXECUTED BY SELLER, IN RECORDABLE FORM CONVEYING THE LAND AND THE IMPROVEMENTS
TO BUYER FREE AND CLEAR OF ALL LIENS, CLAIMS AND ENCUMBRANCES EXCEPT FOR THE
PERMITTED EXCEPTIONS.
10.2.
GENERAL ASSIGNMENT.
AN ASSIGNMENT, IN THE FORM OF EXHIBIT E,
EXECUTED BY SELLER AND BUYER, OF ALL RIGHT, TITLE AND INTEREST OF SELLER AND ITS
AGENTS IN AND TO THE INTANGIBLES (INCLUDING, BUT NOT LIMITED TO, THE
GOVERNMENTAL APPROVALS ALL GUARANTEES AND WARRANTIES GIVEN TO SELLER THAT HAVE
NOT EXPIRED (EITHER ON A "CLAIMS MADE" OR "OCCURRENCES" BASIS), IN CONNECTION
WITH THE OPERATION, CONSTRUCTION, IMPROVEMENT, ALTERATION OR REPAIR OF THE
PROPERTY).
10.3.
ASSIGNMENT OF CONTRACTS.
TWO (2) DULY EXECUTED COUNTERPARTS OF AN
ASSIGNMENT, IN THE FORM OF EXHIBIT F, EXECUTED BY SELLER AND BUYER, WHEREBY
SELLER ASSIGNS, AND BUYER ASSUMES, THOSE OF THE CONTRACTS THAT BUYER MAY ELECT
(IN ITS SOLE DISCRETION) IN WRITING TO ASSUME ON OR PRIOR TO THE REVIEW PERIOD
EXPIRATION DATE (THE "CONTRACT ASSIGNMENT").
10.4.
NATIONAL RV LEASE.
AN ORIGINAL OF THE NATIONAL RV LEASE, EXECUTED
IN COUNTERPART BY TENANT AND BUYER.
10.5.
GUARANTY.
AN ORIGINAL OF THE GUARANTY, EXECUTED BY SELLER.
10.6.
LETTER OF CREDIT.
SELLER SHALL DELIVER TO BUYER THE LETTER OF
CREDIT REQUIRED TO BE DEPOSITED BY SELLER UNDER THE NATIONAL RV LEASE.
10.7.
CONSENT TO SUBLEASE.
AN ORIGINAL OF THE CONSENT TO SUBLEASE,
EXECUTED BY BUYER, WARRIOR AND TENANT.
10.8.
KEYS.
KEYS TO ALL LOCKS LOCATED IN THE PROPERTY, TO THE EXTENT IN
SELLER'S POSSESSION OR CONTROL.
HOWEVER, DUE TO SECURITY AND EXCHANGE
COMMISSION REGULATIONS AND OTHER LAWS RELATED TO THE SECURITY OF PUBLIC COMPANY
DOCUMENTS AND INFORMATION, SELLER SHALL BE PERMITTED TO RETAIN THE RIGHT TO
EXCLUDE BUYER FROM CERTAIN DESIGNATED AREAS.
BUYER SHALL BE PERMITTED
SUPERVISED ACCESS TO SUCH DESIGNATED AREAS UPON REASONABLE NOTICE DURING NORMAL
BUSINESS HOURS.
SUCH RIGHTS SHALL BE DOCUMENTED IN