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insured of the Real Property in the amount of the Purchase Price (the “Commitment”), together <br />with copies of all documents attached to the Commitment. The Commitment shall commit to <br />insure title in Purchaser, free and clear of all mechanics’ lien claims; questions of survey; <br />unrecorded interests; rights of parties in possession and other exceptions; and shall set forth any <br />requirements for deleting any exceptions to title contained therein. <br /> <br />Purchaser will be allowed ten (10) business days after receipt of the Commitment, the <br />documents attached thereto, any existing land survey provided by Seller, and the New Survey (as <br />defined in Paragraph 4 hereof), if any, for examination and to make any objections to title to the <br />Real Property (the “Objections”). The Objections are to be made by written notice or shall be <br />deemed waived. Purchaser need not object to mortgages or other liens. If not sooner satisfied, <br />Seller shall satisfy or release any mortgages on other liens against the Real Property at the Closing. <br />If any Objections are so made, Seller shall have thirty (30) days after notice of the Objections to <br />cure the Objections and make the title to the Real Property good and marketable of record in Seller. <br />Seller shall obtain and deliver to Purchaser appropriate endorsements to the Commitment and, if <br />applicable, an update to the New Survey evidencing that any Objections have been cured. Seller <br />will make a diligent, good faith effort to cure the Objections. If the title to the Real Property, as <br />evidenced by the Commitment and the New Survey together with any updated Commitment and <br />the New Survey, is not made good and marketable of record in Seller by such date or is not good <br />and marketable of record in Seller on the Closing Date, Purchaser, without waiving any right or <br />remedy Purchaser may have as a result of a breach by Seller of any covenant or warranty <br />hereunder, may either: <br /> <br />a. Terminate this Agreement by giving written notice to Seller and receive an <br />immediate refund of the Earnest Money; or <br /> <br />b. Elect to accept the title in its unmarketable condition by giving written <br />notice to Seller. <br /> <br />4. Survey. Purchaser, at its expense, may obtain an ALTA/NSPS land survey of the <br />Real Property (the “New Survey”). The New Survey shall include such Table A items to the 2016 <br />Minimum Standard Detail Requirements for ALTA/NSPS Land Title Surveys as Purchaser may <br />desire. <br /> <br />5. Documents to be Delivered by Seller. Within five (5) business days after the <br />Effective Date, Seller shall deliver to Purchaser true and complete copies of the following to the <br />extent that the same are in Seller’s possession or control (collectively, “Seller’s Documents”): <br /> <br />a. Seller’s most recent land survey of the Real Property, if any, and any soil <br />reports, engineering reports, inspections, plans, and any other information pertaining to the <br />Real Property. <br /> <br />b. Copies of any environmental audits and reports or notices concerning the <br />Real Property and all other documents relating to the discharge and/or remediation of <br /> <br />EL185\\71\\796863.v7 <br />2 <br />