6. HRSR 10-02-2006 - Laserfiche WebLink

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7. Possession. Upon Buyer's full performance of Buyer's oblig tions under this Agreement, Seller must deliver possession of the Property to Buyer, subject t~t persons and entities identified as tenants under the leases described on Exhi ~C. a er i~~ responsible for transferring any electric, natural gas and sewer and water uti i ies a are m Seller's name to Buyer's name. Rent due in the month in which the Date of Closing occurs will be pro-rated on a per diem basis between Seller and Buyer. Seller must pay to Buyer, at Closing, an amount equal to the difference, if any, between the sum of the amounts that Seller has received pursuant to Section 5 of the lease between Seller and B&B Automotive, Inc. dated September 26, 2003 as extended by the lease modification agreement between Seller and O'Reilly Automotive, Inc. dated June 13, 2006 (the "O'Reilly Lease") calendar year 2006 and the amounts which Seller has actually paid in 2006 for real estate taxes and special assessments due and payable in 2006 with respect to the property that is the subject of the lease and the insurance premiums Seller has paid in 2006 for insurance on the property that is the subject of the Lease. Seller is responsible for collecting any and all rent due on or before the Date of Closing. If one or more tenants are delinquent in the payment of rent due on or before the Date of Closing, rent received after the Date of Closing will be credited first to the payment of rent due after the Date of Closing. Buyer will tender to Seller any rent received after the Date of Closing that is in excess of the rent due after the Date of Closing for application to rent due but not paid prior to the Date of Closing provided Seller, at closing, provides Buyer with written notice of the amount, if any, of delinquent rent due as of the Date of Closing. Seller must tender to Buyer, at closing, an amount equal to the amount of all security deposits (and interest earned on security deposits and payable to a tenant under the terms of the tenant's lease, if any) and must also tender to Buyer an amount equal to all prepaid rent Seller has received on or before the Date of Closing. Before delivering possession of the Property to Buyer, Seller must remove all personal property, refuse and debris from the Property (except for personal property of Tenant). If Seller does not remove all personal property, refuse and debris from the Property before Seller's delivery of possession of the Property to Buyer, Buyer may declare such personal property, refuse and debris abandoned and dispose of such materials in any manner which Buyer deems appropriate. Buyer is entitled to recover from Seller all costs associated with Buyer's disposal of personal property, refuse or debris left on the Property subsequent to Buyer's acceptance of possession thereof. Should Seller refuse to pay such amounts upon demand, Buyer may initiate a legal action against Seller to recover such amounts along with any costs and attorneys fees which Buyer incurs in connection with such action. 8. Closin .The Parties must meet at the offices of Buyer at 9:30 a.m., on December 22, 2006 (the "Date of Closing"), at which time: a. Seller must: (i) execute and/or deliver to the closing agent, with copies to Buyer, and make arrangements to have the closing agent record or file in the appropriate county land records any documents necessary to establish the marketability of Seller's title to the Property, subject only to Permitted Encumbrances; (ii) execute the Contract for Deed and deliver it to Buyer; i 9a»z~~s 2