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marketable within the 45 -day period. Liens or encumbrances for liquidated amounts which can <br />be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of <br />the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all <br />payments required herein and the closing shall be postponed. <br />If notice is given and Seller makes title marketable, then upon presentation to Purchaser <br />and proposed lender of documentation establishing that title has been made marketable, and if <br />not objected to in the same time and manner as the original title objections, the closing shall take <br />place within ten (10) business days or on the scheduled closing date, whichever is later. <br />If notice is given and Seller proceeds in good faith to make title marketable, but the 45- <br />day period expires without title being made marketable, Purchaser may declare this Agreement <br />void by notice to Seller, neither party shall be liable for damages hereunder to the other, and <br />earnest money shall be refunded to Purchaser. <br />If Seller does not give notice of intention to make title marketable, or if notice is given, <br />but the 45 -day period expires without title being made marketable due to Seller's failure to <br />proceed in good faith, Purchaser may seek, as permitted by law, one or more of the following: <br />a. Proceed to closing without waiver or merger in the deed of the objections to title <br />and without waiver of any remedies, and may: <br />(1) Seek damages, costs, and reasonable attorneys' fees from Seller as permitted <br />by law (damages under this subparagraph (1) shall be limited to the costs of <br />curing objections to title, and consequential damages are excluded); or <br />(2) Undertake proceedings to correct the objections to tile. <br />b. Rescission of this Purchase Agreement by notice as provided herein, in which <br />case the Purchase Agreement shall be void and all earnest money paid hereunder <br />shall be refunded to Buyer. <br />c. Damages from Seller together with costs and reasonable attorneys' fees, as <br />permitted by law. <br />d. Specific performance within six months after such right of action arises. <br />If title is marketable, or is made marketable as provided herein, and Seller defaults in any <br />of the agreements herein, Buyer may, as permitted by law: <br />a. Seek damages from Seller including costs and reasonable attorneys' fees. <br />b. Seek specific performance within six months after such right of action arises. <br />Page 6 of 11 <br />