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b. If notice is given and Seller proceeds in good faith to make title marketable, but the 120 <br />day period expires without title being made marketable, Buyer may declare this <br />Agreement void by notice to Seller, neither party shall be liable for damages hereunder <br />to the other, and earnest money shall be refunded to Buyer. <br />c. If Seller does not give notice of intention to make title marketable, or if notice is given, <br />but the 120 day period expires without title being made marketable due to Seller's failure <br />to proceed in good faith, Buyer may seek, as permitted by law, one or more of the <br />following: <br />(1) 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 />(a) seek damages, costs, and reasonable attorneys' fees from Seller as <br />permitted by law (damages under this subparagraph (a) shall be limited to <br />the costs of curing objections to title, and consequential damages are <br />excluded); or <br />(b) Undertake proceedings to correct the objections to title; <br />(2) Rescission of this Purchase Agreement by notice as provided herein, in which case <br />the Purchase Agreement shall be void and all earnest money paid hereunder shall <br />be refunded to Buyer; <br />(3) Damages from Seller together with costs and reasonable attorneys' fees, as <br />permitted by law; <br />(4) Specific performance within six months after such right of action arises. <br />d. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any <br />of the agreements herein, Seller may elect either of the following options, as permitted <br />by law: <br />(1) Cancel this contract as provided by statute and retain all payments made hereunder <br />as liquidated damages. The parties acknowledge their intention that any note <br />given pursuant to this contract is a down payment note, and may be presented for <br />payment notwithstanding cancellation; <br />(2) Seek specific performance of this Agreement within six months after such right <br />of action arises, including costs and reasonable attomeys' fees, as permitted by <br />law. <br />e. 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 />(1) Seek damages from Seller including costs and reasonable attorneys' fees; <br />(2) Seek specific performance within six months after such right of action arises. <br />TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. <br />Page 8 <br />