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Any violation of the provisions contained in this Section shall cause all interests in the <br />Property to revert to the Donor. <br />Section 5. Deed and Other Documents. Donor agrees to deliver a Warranty Deed to <br />Donee at closing under which the Property is transferred to The Board of Trustees of Ivy Tech <br />Community College of Indiana. Donee agrees that such warranty Deed shall contain a <br />reversionary provision pursuant to the preceding Section. Donor and Donee agree to provide to <br />each other or to the title insurance company that closes the transaction any other documents <br />reasonably required to close the transaction provided for under this Agreement. <br />Section 6. Taxes. Donor and Donee both acknowledge that the Property is currently <br />exempt from taxation pursuant to IC 36- 7 -14 -37 and should continue to be so after the Property <br />is transferred from Donor to Donee. <br />Section 7. Conditions Precedent. Donee's duties and obligations under this Agreement <br />are contingent upon the following conditions precedent: <br />(1) Donee must be able to secure, at Donee's expense and from a title insurance <br />company acceptable to Donee, a commitment for an ALTA Owner's Policy of Title <br />Insurance in an amount acceptable to Donee under which the title insurance company <br />agrees to insure marketable title subject only to such exceptions as are permitted by this <br />Agreement. <br />Section 8. Time and Place of Closing. The closing of the transaction shall take place at a <br />time and place mutually acceptable to Donor and Donee. The transaction shall be closed by the <br />title insurance company that issues the commitment referred to in subdivision (1) of Section 7 of <br />this Agreement. Donee shall pay the title insurance company's fee for closing the transaction <br />and all other closing related expenses. <br />Section 9. Possession. Donor shall deliver possession of the Property to Donee at <br />closing free and clear of any rights of other persons to occupy or use the Property. <br />Section 10. Additional Terms. (a) All the terms and conditions of this Agreement are <br />hereby made binding on the successors and permitted assigns of both parties hereto. <br />(b) This Agreement shall be governed by and construed in accordance with the laws of <br />the State of Indiana and venue for any action shall be St. Joseph County, Indiana. <br />(c) This Agreement shall not be effective or binding until fully executed by the parties <br />hereto. This Agreement may be executed in counterparts, each of which shall be deemed an <br />original. <br />(d) This Agreement will survive closing. <br />(e) If any provision of this Agreement is held by a court of competent jurisdiction to be <br />invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in <br />full force and effect and shall in no way be affected, impaired or invalidated. <br />(f) Each party shall execute and deliver to the other all such other further instruments and <br />documents as may be reasonably necessary to accomplish the actions contemplated by this <br />2 <br />