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• Section 10.4. Method of Transfer. Transfer of title to the Premises or any portion thereof <br /> shall be by special warranty deeds, bills of sale, and other appropriate conveyance instruments <br /> executed and acknowledged by the Issuer transferring good and merchantable title to the Company <br /> (or its designee)free and clear of all liens and encumbrances except those to which title was subject <br /> when leased hereunder,Permitted Encumbrances under this Lease Agreement,or resulting from any <br /> failure of the Company to perform any of its obligations under this Lease Agreement. At either <br /> party's option, closing shall occur through an escrow established with a title company mutually <br /> acceptable to the parties. <br /> • <br /> ® I <br /> 26 <br />