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survey of the Property to be prepared by a registered land surveyor. Buyer shall deliver <br /> three copies of such survey to Seller promptly after Buyer's receipt. <br /> 6. Title Commitment. Buyer shall obtain a current title commitment for an <br /> owner's title insurance policy for the Property issued by: <br /> Decatur Title Company <br /> 385 E. Ash Avenue, Suite B <br /> Decatur, IL 62526 <br /> Buyer shall pay all title examination fees or other expenses charged by the Title Company <br /> for the purpose of issuing such title commitment. <br /> 7. Seller's Closing Obligations. At the closing, <br /> (a) Seller shall deliver to Buyer or to such person or corporation as Buyer <br /> may nominate a special warranty deed, conveying the Property in fee simple, subject to <br /> 2010 real estate taxes and assessments and subsequent years, not yet due and payable, <br /> all easements, agreements, restrictions and other matters of record. Such deed shall also <br /> include a provision requiring Buyer to begin construction on the Property in accordance <br /> with Buyers approved plans within sixty (60) days after closing, to diligently pursue such <br /> construction until completion, for Smashburger to open for business on the Property by one <br /> hundred eighty (180) days after closing (subject to force majeure delays), and that if <br /> Smashburger fails to so open for business on the Property by one hundred eighty (180) <br /> days after closing (subject to force majeure delays), then Buyer shall promptly convey the <br /> Property back to Seller with no return of the purchase proceeds paid to Seller because of <br /> the real estate broker's commission being paid as described in Paragraph 11 below. <br /> (b) Seller shall cause to be paid in full and released of record all deeds of <br /> trust, mortgages, liens and encumbrances which are liens on the Property. <br /> 5 <br />