responsible under the Cure Notice on or before the Closing, Purchaser shall have the option of
either terminating this Agreement by written notice to Seller and or proceeding to Closing
without any deduction, reduction or offset in the Purchase Price, except to pay any monetary
liens encumbering the Premises. If Purchaser terminates this Agreement as a result of Seller’s
failure to cure any matter set forth in the Cure Notice, the Second Deposit shall be promptly
returned to Purchaser.
6. TRANSFER TAXES; ADJUSTMENTS.
Pursuant to statute, Seller is exempt from New Hampshire Real Estate Transfer Tax.
Purchaser shall pay Purchaser’s portion of the New Hampshire Real Estate Transfer Tax
imposed on the transaction contemplated by this Agreement. Sewer liens or any other
governmental lien or assessment and use taxes will be apportioned in accordance with standard
conveyancing practice in New Hampshire. Should any tax, assessment or rate be undetermined
on the Closing Date, the last determined tax, assessment or rate shall be used for the purpose of
the apportionment; provided, however, at Closing the parties shall enter into an agreement to
adjust said apportionment between them upon issuance of the final tax bill for the tax period in
which the Closing occurs. All revenues and expenses, including, but not limited to, installment
payments of special assessment liens, utility charges, reimbursement of maintenance and repair
expenses and normally prorated operating expenses billed or paid as of the Closing Date shall be
prorated as of the Closing. Gas, electricity, water, sewer and other utility charges for which
Seller is responsible, if any, and such charges shall be apportioned at Closing on the basis of the
most recent meter reading occurring prior to the Closing. Any other operating expenses and other
items pertaining to the Property which are customarily prorated between a buyer and seller in the
area where the Property is located, such as costs arising from any service contracts assumed by
Purchaser, shall be apportioned in accordance with such local customs.
7. INSURANCE AND RISK OF LOSS.
All risk of loss until recordation of deed required herein, whether in whole or in part,
shall be bome by the Seller.
8. POSSESSION.
Full possession of the Property, shall be delivered on the Closing Date, the Property to be
then in the same condition as it is now, except for reasonable use and wear or as otherwise
expressly stated herein.
9. SALE “AS-IS”; REPRESENTATIONS AND WARRANTIES.
The Property shall be sold and conveyed strictly on an “as is”, “where is” and “with all
defects” basis and, except as otherwise expressly stated herein, without representation, warranty
or covenant, express, implied or statutory, of any kind whatsoever, including, without limitation,
representation, warranty or covenant as to condition (environmental or otherwise), past or
present use, investment potential, tax ramifications or consequences, income, compliance with
law, suitability for any particular purpose, all of which are hereby expressly disclaimed. Without
