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Hook : 3�70 Page: 5�0 <br /> the Seller is able to cali the Seller's notes) and the expected interest gained from <br /> Seller investing the Hotel sale proceeds from the date of purchase to December <br /> 15, 2009 into a Federal treasury security. The expected interest gained will be <br /> determined by the most recent State and Local Government Security (SLGS) <br /> table. <br /> This is an all cash sale and purchase and is NOT contingent upon Buyer <br /> obtaining financing even though Buyer may apply to a lending institution of <br /> Buyer's choice for a mortgage loan. Buyer understands and agrees that neither <br /> its receipt of a commitment from such a lending institution, its acceptance of such <br /> a commitment, nor its satisfaction of any condition set forth in such a <br /> commitment shall in any way be conditions of Buyer's obligations under this <br /> Agreement. Seller makes no representation or warranty as to Buyer's ability to <br /> obtain financing. <br /> 5. Title Insurance and Other Payments. Seller shall promptly <br /> furnish to Buyer a Commitment for an Owner's Title Insurance Policy insuring <br /> against defects in the merchantability of title up to the value of the purchase price <br /> set forth above. Title insurance shall show that there shall be no financing <br /> statements on file affecting fixtures included in the purchase. Title may be <br /> subject to coal and mineral rights if now reserved or conveyed of record and to all <br /> easements and building and use restrictions now of record which do not restrict <br /> reasonable use. Buyer shall promptly advise Seller of any claimed defects in title <br /> evidence to permit resolution before settlement. Seller shall pay the initial title <br /> search charge and title insurance premium. Buyer shall pay the search charge <br /> as to the Buyer, the cost of Mortgagee's Title Insurance Policy, if any, and all ' <br /> 5 <br />