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2 5 7 Buyei shall have determined that the Transfer Portion is suitable for <br />Buyer's intended use and development, as set forth in more detail in Article 4 below <br />2 6 Seller's Conditions Precedent to Close of Escrow The Closing and Seller's <br />obligation to convey the Transfer Portion are subject to the satisfaction of the following conditions <br />for Seller's benefit (oi Seller's waiver thereof, it being agreed that Sellei may waive any of all of <br />such conditions) on or prior to the Closing Date <br />2 6 1 Buyer shall have tendered into Escrow all payments and documents <br />required of it pursuant to this Agreement <br />2 6 2 Buyer shall have completed in a timely fashion all of its obligations <br />which are to be completed prior to the Closing as provided in this Agreement <br />2 6 3 Seller shall have approved Escrow HoIder's estimated Closing costs <br />statement <br />2 7 Buyer's Payments and Documents Not less than one (1) day prior to <br />Closing, Buyei shall pay or tender (as applicable) to Escrow Holdei the following -described funds <br />and documents (in recordable form, as necessary or appropriate) <br />2 7 1 The Purchase Price <br />2 7 2 Funds required to pay the Escrow fees, recording fees and notary <br />fees attributable to the conveyance of the Property as well as the costs of any Title Policy, and the <br />additional costs, if applicable, associated with any title endorsements requested by Buyer payable <br />by Buyer pursuant to Section 2 4 of this Agreement <br />2 7 3 Funds required to pay any additional reasonable charges customarily <br />charged to buyers in accordance with common escrow practices in San Bernardino County <br />2 7 4 Certificate accepting the Grant Deed and consenting to recording of <br />same <br />2 7 5 Such other documents and funds required of Buyei under this <br />Agreement and, to the extent reasonable, customary or usual, by Escrow Holdei in the performance <br />of its contractual or statutory obligations <br />2 8 Seller's Payments and Documents No less than one (1) day prior to <br />Closing, Seller shall pay or tender (as applicable) to Escrow Holder the following -described funds <br />and documents (in recordable form, as necessary or appropriate) <br />2 8 1 The fully -executed and acknowledged Grant Deed <br />2 8 2 A FIRPTA (Foreign Investment in Real Property Tax Act) <br />Certificate/Non-Foreign Status Affidavit complying with Federal laws, rules and requirements and <br />L IcaldpnlAgreeinents\PSA 31 Stuart Ave SBCTA City of Redlands in.docx <br />PSA — City of Redlands <br />56881190 v2 <br />RPRP 511L 076 <br />