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12-20-2006 Additions
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12-20-2006 Additions
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3/19/2012 2:42:28 PM
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13. Title Examination. Title Examination will be conducted as follows: <br />(a) Seller's Title Evidence. Seller shall within fifteen (15) days after the date of this <br />Agreement, furnish the following (collectively the "Title Evidence ") to Buyer: <br />If the Real Property is abstract property, Seller shall deliver to Title or Buyer an Abstract <br />of Title to the Real Property certified to a current date to include all appropriate judgment <br />and bankruptcy searches. If the Real Property is registered property, Seller shall deliver <br />to Title or Buyer a Registered Property Abstract to the Real Property certified to a current <br />date to include all appropriate judgment and bankruptcy searches. In lieu of an Abstract <br />or a Registered Property Abstract Seller may, at its cost, provide a Commitment for an <br />ALTA Owner's Policy of Title Insurance insuring title to the Real Property, deleting <br />standard exceptions and including affirmative insurance regarding zoning, appurtenant <br />easements, and such other matters as may be identified by Buyer, in the amount of the <br />Purchase Price. <br />(b) Buyer's Objections. Within fifteen (15) days after receiving the last of the Title Evidence, <br />Buyer will make written objections ( "Objections ") to the form and /or contents of the Title <br />Evidence, or at Buyer's expense to make application for an ALTA Owner's Title <br />Insurance Policy. Buyer shall have fifteen (15) days after receipt of its Commitment for <br />Title Insurance to provide Seller with a copy of the Commitment and Buyer's Objections. <br />Buyer's failure to make Objections within such time period will constitute a waiver of <br />Objections. Any matter shown on such Title Evidence and not objected to by Buyer shall <br />be a "Permitted Encumbrance" hereunder. Seller will have thirty (30) days after receipt <br />of the Objections to cure the Objections, during which period the Closing Date will be <br />postponed as necessary. Seller shall use its best efforts to correct any Objections. To the <br />extent an Objection can be satisfied by the payment of money, Buyer shall have the right <br />to apply a portion of the cash payable to Seller at the Closing to satisfaction of such <br />Objection and the amount so applied shall reduce the amount of cash payable to Seller at <br />the Closing. If the Objections are not cured within such 30 -day period, Buyer will have <br />the option to do any of the following: <br />(1) Terminate this Agreement. <br />(2) Withhold from the Purchase Price an amount which, in the reasonable <br />judgment of Title, is sufficient to assure cure of the Objections. Any <br />amount so withheld will be placed in escrow with Title, pending such <br />cure. If Seller does not cure such Objections within ninety (90) days after <br />such escrow is established, Buyer may then cure such Objections and <br />charge the costs of such cure (including reasonable attorney's fees) against <br />the escrowed amount. If such escrow is established, the parties agree to <br />execute and deliver such documents as may be reasonably required by <br />Title, and Seller agrees to pay the charges of Title to create and administer <br />the escrow. <br />-3- <br />
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