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Authentisign ID:92CCDA7D-4AA5-F011-8E61-002248330C80 <br /> include a special assessment search. If the Title Evidence contains any matters which, in the <br /> Buyer's sole discretion, make title to the Real Property unmarketable, then Buyer shall notify <br /> Seller in writing of such objections, modifications or endorsements it requires within 3 days of <br /> Buyer's receipt of the last of the Title Evidence. Any matters to which Buyer does not object <br /> within such period shall constitute "Permitted Exceptions" under this Purchase Agreement, and <br /> Buyer shall be conclusively deemed to have waived his right to object thereto. Seller shall have <br /> 10 business days after receipt of Buyer's notice of the existence of objections to title to notify <br /> Buyer of Seller's election to remove or otherwise cure to Buyer's satisfaction objections to title; <br /> provided, however, Seller shall be obligated to eliminate monetary liens, and any exceptions <br /> created or consented to by Seller after the Effective Date, unless approved in writing by Buyer, <br /> which Seller shall cause to be released at Closing. If Seller does not agree to attempt to cure all <br /> of the objections, Buyer shall have 5 business days after such notice to elect to either: (i) <br /> terminate this Purchase Agreement by written notice to Seller, without any liability on his part, <br /> and the parties shall have no further rights, duties or obligations hereunder, except those that <br /> expressly survive termination, and the Earnest Money shall be promptly refunded to Buyer; or <br /> (ii) accept title to the Real Property subject to the objections Seller has elected not, or been <br /> unable, to cure, in which case such objections to title shall be deemed to be Permitted <br /> Exceptions. If Seller fails to timely deliver the Seller response notice to Buyer's objections <br /> within such 5 business day period, then Seller shall be deemed to have elected not to sure the <br /> disapproved matters set forth in Buyer's objection notice. In the event Buyer fails to terminate <br /> this Purchase Agreement in accordance with clause (i) by giving written notice to Seller within <br /> the period described, Buyer shall be conclusively deemed to have elected to take title to the Real <br /> Property in accordance with the terms of clause (ii). On or before the Closing Date, Seller shall <br /> attempt to cure the objections to title which Seller has notified Buyer in writing that Seller will <br /> attempt to cure, if any. If necessary, in order to cure title or survey objections, the Closing Date <br /> may be extended by mutual agreement. If any objections to title consist of liens which may be <br /> removed by the payment of the balance due thereon, Seller agrees to pay such balance out of its <br /> proceeds at Closing. <br /> 14. Possession. Possession of the Property shall be delivered to Buyer on the Closing <br /> Date. Buyer's access to the Property prior to the Closing Date, for any reason other than pursuant <br /> to Section 6 above, shall be by mutual agreement of Buyer and Seller. Seller shall deliver to <br /> Buyer all keys to the property and access codes at Closing. <br /> 15. Damage to Property. Subject to Section 17, if at any time after the Due Diligence <br /> Period, all or any material portion of the Property is damaged, destroyed or rendered inoperative <br /> (collectively, the "Damage"), by fire, flood, natural elements or other causes beyond Seller's <br /> control, then the following shall apply: <br /> (a) If the Damage is not material, Buyer shall proceed to close and purchase <br /> the Property as diminished by such Damage, with no reduction in the <br /> purchase price but Seller shall assign to Buyer, at the Closing, all rights of <br /> Seller to the insurance proceeds for Damage as set forth in subparagraph <br /> (c). <br /> (b) If the Damage is material, then Buyer may terminate this Purchase <br /> Agreement by written notice to Seller given within 5 days of the event <br /> 6 <br />