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• <br /> this transaction, and such other documents and funds, including without limitation escrow <br /> instructions, as are required of Buyer to close the purchase and sale of the Property in <br /> accordance with this Agreement. <br /> 3. Title. It shall be Buyer's responsibility to arrange for the issuance of title <br /> insurance, which shall be at Buyer's expense. <br /> 4. Conditions. <br /> 4.1 Seller's obligation to sell the Property to Buyer is contingent upon Buyer's <br /> satisfaction of each of the following conditions: <br /> 4.1.1 Buyer shall have obtained, at its sole expense, a Conditional Use <br /> Permit to allow the Property to be used for child care. <br /> 4.1.2 Buyer shall have obtained a loan or other funding commitment for <br /> eighty percent (80 %) of the cost of construction of the improvements <br /> contemplated on the Property. <br /> 5. Deed. On the Closing Date, Seller shall execute and deliver to Buyer a <br /> bargain and sale deed, conveying the Property to Buyer, subject to the following <br /> conditions subsequent: <br /> 5.1 If at any time, the Property or any parts thereof and improvements thereon <br /> is not used for the purpose of operating a child care center using the current practice of <br /> Buyer of being open to all families residing within the City of Eugene and providing <br /> tuition based on a true sliding scale with payment according to family size and income, <br /> with recognition of and exception given to the limitations imposed by Children Services <br /> Division guidelines, or at any time ceases to be used for such purpose or at any time is <br /> Real Property Sale Agreement - 3 <br />