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S 15,000.00 have been paid as a deposit this day and <br /> 5440,000.00 are to be paid at the time of delivery of the deed in cash, or <br /> by certified, cashier's treasurer's or bank check(s) or <br /> Promissory Note. 'See Addendum "A"attached hereto <br /> and expressly incorporated herein. <br /> S <br /> 5460,000.00 Total <br /> 7. Tbne for Performance;Delivery of Deed: Such deed is to be delivered at 2:00 <br /> o'clock P.M. on the 9th day of January, 2001, at the offices of Dunning & <br /> Kirrane, L.L.P., 133 Falmouth Road, Mashpee, Massachusetts, unless otherwise <br /> extended as provided for in Addendum B attached hereto and expressly <br /> incorporated herein. <br /> 8• Possession and Condition of Premises. Full possession of said premises free of <br /> all tenants and occupants, except as herein provided, is to be delivered at the time <br /> of the delivery of the deed, said premises to be then (a) in the same condition as <br /> they now are, reasonable use and wear thereof excepted, and (b) not in violation <br /> of said building and zoning laws, and(c) in compliance with provisions of any <br /> instrument referred to in clause 4 hereof. The Buyer shall be entitled personally <br /> to inspect said premises prior to the delivery of the deed in order to determine <br /> whether the condition thereof complies with the terns of this clause. <br /> 9• E.rtension to Perfect Title or Make Premises Conform: If the Seller shall be <br /> unable to give title or to make conveyance, or to deliver possession of the <br /> premises, all as herein stipulated, or if at the time of the delivery of the deed the <br /> premises do not conform with the provisions hereof, then the Seller shall use <br /> reasonable efforts to remove any defects in title, or to deliver possession as <br /> provided herein, or to make the said premises conform to the provisions hereof, as <br /> the case may be, in which event the Seller shall give written notice thereof to the <br /> Buver at or before the time for performance hereunder, and thereupon the time for <br /> performance hereof shall be extended for a period of thirty(30) days. <br /> 10. Failure to Perfect Title or Make Premises Conform: If at the expiration of the <br /> extended time the Seller shall have failed so to remove any defects in title, deliver <br /> possession, or make the premises conform, as the case may be, all as herein <br /> agreed, or if at any time during the period of this agreement or any extension <br /> thereof, the holder of a mortgage on said premises shall refuse to permit the <br /> insurance proceeds, if any, to be used for such purposes, then any payments made <br /> under this agreement shall be forthwith refunded and all other obligations of the <br /> parties hereto shall cease and this agreement shall be void without recourse to the <br /> parties hereto. <br /> 11. Buyer's Election to Accept Title: The Buyer shall have the election, at either the <br /> original or any extended time for performance to accept such title as the Seller <br /> can deliver to the said premises in their then condition and to pay therefore the <br /> Dunning&Kirmne,LLP. <br /> 133 Falmouth Road P.O.Box 560.Mashpee.MA 02649 <br /> (508)477-6500 (508)477-5697 Fax <br />