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0 <br />u <br />SELLER <br />Marion Augusta <br />6 Falmouth Road <br />Mashpee, MA 02649 <br />Telephone: <br />Facsimile: <br />with copy to: Pamela E. Terry, Esquire <br />1185 Falmouth Road <br />Centerville, MA 02632 <br />Telephone: 508-771-3363 <br />Facsimile: 508-771-6966 <br />Couto Realty Investment Co., Il, LLC <br />Attn: Jose S. Couto <br />C/o Couto Management Group, LLC <br />169 Main Street <br />Stoneham, MA 02180 <br />Telephone: (781) 279-0290 ext. 11 <br />with copy to: George E. Sousa <br />384 Lowell Street, Suite 205A <br />Wakefield, Massachusetts 01880 <br />Telephone: (781) 246-7877 <br />Facsimile: (781) 245-6223 <br />Any such notice shall be effective when received or refused. <br />32. Buyer shall not be obligated to close the transaction contemplated by this Purchase and Sale <br />Agreement unless and until all of the following conditions precedent have been fulfilled, except <br />to the extent the Buyer may elect to accept title to said Property or may specifically waive in <br />writing any one or more of thew at or prior to the Closing Date. if any one or more of such <br />conditions precedent are not fulfilled or waived in writing prior to the Closing Date, Buyer may <br />rightfully rescind this Purchase and Sale Agreement by written notice to Seller given in <br />accordance with Section 31 hereof. Upon such rescission, Escrow Agent shall forthwith. return all <br />deposits in accordance with the provisions of Section 40 of this Agreement, all rights and <br />liabilities of the parties hereto by reason of this Purchase and Sale Agreement shall be deemed at <br />an end. The conditions precedent arc: <br />a. The title to the Property shall be good and clear record and marketable tide subject to no <br />liens, claims, easements, restrictions or agreements or encumbrances of any nature <br />whatsoever except for those set forth in Section 4 or approved by Buyer, in writing, <br />b. No portion of the Property shall have been taken or notice given of any proposed taking <br />given pursuant to eminent domain or condemnation proceedings. <br />C. In addition to the deed, Seller shalt deliver such other usual and customary documents <br />and affidavits as the title insurer issuing title insurance on the Property to the Buyer (the <br />aST" 1 I <br />