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such reparts or surveys and rendering the title unmarketable. In the event of such notice, the <br /> conveyance to Buyer shall be delayed pending Sellers efforts to resolve the same. In event Seller <br /> is unable or unwilling to cure such defects within a reasonable time after notice thereof, Buyer or <br /> Seller may elect to cancel and terminate this Contract and the rights and obligations of the parties <br /> hereunder; and in such event, Seller shall refund to Buyer all sums paid hereunder if Buyer shall <br /> so elect. Failure to notify Seller of any objectionable title defect as above said shall constitute a <br /> waiver thereof. Title may be subject only to the following exceptions: <br /> (i) Easements, restrictions and reservations of record on the date hereof; <br /> (ii)Building and use restrictions; <br /> (iii) Special assessments levied for local improvements; <br /> (iv)Zoning regulations and ordinances affecting the Property; and, <br /> (v)The lien of current general real estate taxes. <br /> (b) Buyer shall have Sixty (60) day Due Diligence period from the date of this <br /> Agreement to approve the following matters at his sole and absolute discretion: <br /> (i) Matters of Title, whereby Buyer shall be responsible to obtain any title <br /> reports or title commitments as desired. Seller agrees to provide the current policy of title <br /> insurance, if any,to Buyer immediately upon execution of this Agreement. <br /> (ii) Matters of Survey whereby Buyer shall be responsible to perform any <br /> surveys for encroachments, boundary lines, or other matters. Seller warrants and represents it is <br /> not aware of any boundary disputes, lot line infringements, or encroachments. <br /> (iii) Insurability of the Property and improvements thereon including <br /> review of Seller's current insurance policies, which Seller agrees to provide to Buyer <br /> immediately upon execution of this Agreement. <br /> (iv) All Tenant Leases that affect the Property, if any, which Seller agrees <br /> 302944379 v2 4 <br />