America Online 2010 Annual Report Download - page 146

policy); (iii) the lien of current taxes not yet due and payable; (iv) zoning regulations, and municipal building restrictions, and all other laws,
ordinances, regulations and restrictions of any duly constituted public authority enacted prior to the Closing Date; (v) all matters, whether or not
of record, that arise out of the actions or omissions of Purchaser or Purchaser's Representatives; (vi) matters (including the documents described
in Section 1.3 pertaining to the Pedestrian Overpasses, the easement agreements described in Section 1.5, and the documents described in
Section 1.6 pertaining to CC7/CC8) approved by Purchaser in accordance with the terms of this Agreement; and (vii) matters shown on the
Survey.
4.4.5 As of the Effective Date, the following liens (the "Judgment Liens") are reflected on the Title Commitments: (i) Judgment No. 1132 filed in
Book 50 at page 298, showing Jane Wolff as Plaintiff and America On Line as Defendant, dated May 7, 1998, and docketed July 13, 1998, in the
amount of $1,957.30 plus interest, fees and costs, and (ii) Judgment No. 0230-02 filed in Book 54 at page 2433, showing Miguel Alfaro (35
Irving Street, Newark, New Jersey 07104) as Plaintiff and America Online, Inc., as Defendant, dated February 14, 2002, and docketed recorded
February 14, 2002 in the amount of $119.70 plus interest, fees and costs. Notwithstanding anything set forth to the contrary in this Agreement,
prior to the Closing Date, Seller shall discharge, remove or post a bond for the Judgment Liens to enable the Title Company to issue a title policy
to Purchaser for the Property without an exception for the Judgment Liens. In addition, Seller shall be required to cure, release of record and
cause to be omitted from the Title Policy, the following items (the "Mandatory Items"):
(i) The lien of any mortgage securing any indebtedness owed by Seller and any other monetary liens capable of being removed with the
payment of money, other than for taxes or special assessments not yet due and payable.
(ii) Tax liens for delinquent real estate taxes owed by Seller; and
(iii) Mechanic's or materialmen's liens for work or materials ordered by Seller and supplied to the Property.
In the event mechanic's or materialmen's liens for work or materials ordered by Tenants (as defined in Section 6.1.6.) are recorded against the
Property, Purchaser shall have recourse under the Leases (as defined in Section 6.1.6.) against the Tenants after Closing.
4.5 AS IS CONVEYANCE. PURCHASER ACKNOWLEDGES AND AGREES THAT (i) THE PROPERTY IS TO BE PURCHASED BY PURCHASER
"AS IS" IN ITS THEN-EXISTING PHYSICAL CONDITION AS OF CLOSING, WITHOUT ANY IMPLIED OR
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