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9. POSSESSION. Seller shall deliver possession of the property not later <br />than DATE OF CLOSING. All interest, fuel oil, liquid petroleum gas, and all <br />charges for city water, city sewer, electricity and natural gas shall be prorated <br />between the parties as of DATE OF CLOSING. <br />10. EXAMINATION OF TITLE. Within a reasonable time after acceptance <br />of this Agreement, Seller shall furnish Buyer a Commitment for Title Insurance. <br />Buyer shall have ten (10) business days after receipt of the Commitment for Title <br />Insurance to provide Seller with written objections. Buyer shall be deemed to have <br />waived any title objections not made within the applicable ten (10) day period <br />provided for above, except that this shall not operate as a waiver of Seller's <br />covenant to deliver a statutory Warranty Deed, unless a Warranty Deed is not <br />specified above. <br />11. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days <br />from receipt of Buyer's written title objections to make title marketable. Upon <br />receipt of Buyer's title objections, Seller shall, within ten (10) business days, notify <br />Buyer of Seller's intention of make title marketable within the 120 day period. <br />Liens or encumbrances for liquidated amounts which can be released by payment <br />or escrow from proceeds of closing shall not delay the closing. Cure of the <br />defects by Seller shall be reasonable, diligent, and prompt. Pending correction of <br />title, all payments required herein and the closing shall be postponed. <br />A. If notice is given and Seller makes title marketable, then upon <br />presentation to Buyer and proposed lender of documentation <br />establishing that title has been made marketable, and if not <br />objected to in the same time and manner as the original title <br />objections, the closing shall take place within ten (10) business <br />days or on the scheduled closing date, whichever is later. <br />B. If notice is given and Seller proceeds in good faith to make title <br />marketable but the 120 day period expires without title being <br />made marketable, Buyer may declare this Agreement null and <br />void by notice to Seller, neither party shall be liable for <br />damages hereunder to the other, and earnest money shall be <br />refunded to Buyer. <br />C. If Seller does not give notice of intention to make title <br />marketable, or if notice is given but the 120 day period expires <br />without title being made marketable due to Seller's failure to <br />3 <br />