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2. Applicable building codes and zoning ordinances. 3. Any and all other covenants, restrictions, easements and reservations of record. B. Time and Place of Closing on Sale of the Property. Subject to the terms and conditions of this Contract, the Commission shall deliver the Deed and possession of the Property to the Developer when the conditions precedent to closing enumerated in Subsection F of this SECTION II have been met, or earlier if the parties mutually agree in writing. Conveyance shall be made at a time and place mutually agreed upon by the Commission and Developer. Fees for closing services provided by the title company shall be borne by the Developer. The Developer shall accept the conveyance and pay the Purchase Price to the Commission at that time and place. Prior to closing and as a condition precedent thereto, Developer must provide to the Commission evidence satisfactory to the Commission of a binding commitment by a financial institution for financing of the Project (as defined below). C. Apportionment of Current Taxes. The Commission shall bear the portion of the current taxes (if any) on the Property, which are a lien on the date of delivery of the Deed to the Developer. D. Recordation of Deed. The Commission shall promptly record the Deed at the St. Joseph County Recorder's Office and shall pay the costs for recording the Deed. E. Title Insurance. The Commission shall furnish the Developer a title insurance policy at Commission's expense that insures the Developer's title in a sum equal to the Purchase Price and subject only to those items provided for in the Contract. F. Conditions Precedent to Closing. Prior to and as conditions precedent to closing: The Commission shall provide to Developer an ALTA survey of the Property at Commission's expense. 2. The Commission shall approve the Site Plan (as defined below) attached to this Contract as Exhibit B. 3. Developer shall submit to the Commission evidence satisfactory to the Commission of binding commitments for financing the Project (as defined below). 4. The billboard owned by Burkhart Advertising, Inc. shall have been removed from the Property. dms.us.53213138.03 2