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09-10-2014 Additions
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9/12/2014 7:53:26 AM
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a waiver of Objections. Any matter shown on such <br />Title Evidence and not objected to by Buyer shall <br />be a "Permitted Encumbrance" hereunder. Seller <br />will have thirty (30) days after receipt of the <br />Objections to cure the Objections, during which <br />period the Closing Date will be postponed as <br />necessary. Seller shall use its best efforts to <br />correct any Objections. To the extent an <br />Objection can be satisfied by the payment of <br />money, Buyer shall have the right to apply a <br />portion of the cash payable to Seller at the <br />Closing to satisfaction of such Objection and the <br />amount so applied shall reduce the amount of cash <br />payable to Seller at the Closing. If the <br />Objections are not cured within such 30 -day <br />period, Buyer will have the option to do any of <br />the following: <br />(1) Terminate this Agreement. <br />(2) Withhold from the Purchase Price an amount which, <br />in the reasonable judgment of Title, is sufficient <br />to assure cure of the Objections. Any amount so <br />withheld will be placed in escrow with Title, <br />pending such cure. If Seller does not cure such <br />Objections within ninety (90) days after such <br />escrow is established, Buyer may then cure such <br />Objections and charge the costs of such cure <br />(including reasonable attorney's fees) against the <br />escrowed amount. If such escrow is established, <br />the parties agree to execute and deliver such <br />documents as may be reasonably required by Title, <br />and Seller agrees to pay the charges of Title to <br />create and administer the escrow. <br />(3) Waive the Objections and proceed to close. <br />7. Operation Prior to Possession. During the period from <br />the date of Seller's acceptance of this Agreement to the <br />Possession Date (the "Executory Period"), Seller shall operate <br />and maintain the Property in the ordinary course of business in <br />accordance with prudent, reasonable business standards, including <br />the maintenance of adequate liability insurance and insurance <br />against loss by fire, windstorm and other hazards, casualties and <br />contingencies, including vandalism and malicious mischief. <br />Seller shall execute no contracts, leases or other agreements <br />regarding the Property during the Executory Period that are not <br />terminable on or before the Possession Date, without the written <br />consent of Buyer, which consent may be withheld by Buyer at its <br />
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