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2000-03-08 CC
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<br />Mar I ~ 2002 2:20AM <br /> <br />No,9645 P 8 <br /> <br />by said Secretary of State, or by search fttm. acceptable to Buyer, <br />showing no UCC filings regarding any of the Property, <br /> <br />(b) Buyer's Objections. Within 20 days after receiving the last of the Title Evidence, <br />Buyer 'Will make ,,,ritten objections ("Objections") to the form andlor contents of <br />the Title Evidence. Buyer's failure to make Objections \:I,ithin such time period <br />will constitute waiver of Objections. Any m.atter shown on such Title Evidence <br />and not objected to by Buyer shall be a "Permitted Encumbrance" hereunder. <br />Seller will have 60 days after receipt of the Objections to cure the Objections, <br />during which period the Closing \\'111 be postponed as necessary. Seller shall use <br />its best effons to correct any Objections. To the extent an Objection can be <br />satisfied by the pa.YIl1ent of money, Buyer shall have the right to apply a portion <br />of the cash payable to Seller at the Closing to satisfaction of such Objection and <br />the amoWlt so applied shall reduce the amount of cash payable to Seller at the <br />Closing. If the Objections are not cured \J:ithin such 60 day period, Buyer will <br />have the option to do any of the following: <br /> <br />(1) Terminate this Agreement and receive a refund of the Earnest Money <br />and the interest accrued and unpaid on the Earnest Money, if any. <br /> <br />(2) Withhold from the Purchase Price an amount which, in the reasonable <br />judgment of Title, is sufficient to assure cure of the Objections. Any <br />amount so 'Withheld will be placed in escrow with Title, pending such <br />cure. If Seller does not cure such Objections within ninety (90) days <br />after such escrow is established, Buyer may then cure such Objections <br />and charge the costs of such cure (including reasonable attorney's fees) <br />agains1 the escrowed amoW1t If such escrow is established, the parties <br />agree to execute and deliver such documents as may be rea:;onably <br />required by Title, and Seller agrees to pay the charges of Title to create <br />and administer the escrow. <br /> <br />(3) Waive the objections and proceed to close. <br /> <br />(c) Title Policv. Seller will furnish to Buyer 'at closing the title policy ("Title PolicyI') <br />issued by Title pUIsmmt to the Comminnent, or a suitably marked up <br />Cornmitment initiated by Title undertaking to issue such a Title Policy in the form <br />required by the Commitment as approved by Buyer. <br /> <br />7. Operation Prior to Closine:. During the period froIl1 the date of tbe Seller's <br />acceptance oftbis Agreement to the Closing Date (the "Executory Period"), Seller shall ope.rate <br />and maintain the Property in the ordinary course of business in accordance "ith prudent, <br />reasonable business standards, inCluding the maintenance of adequate liability insurance and <br />insurance against loss by :fire, windstorm and other hazards, casualties and contingencies, <br />inclUding vandalism and malicious mischief. However, Seller shall execute no contracts, leases <br />or other agreements regarding the Property during the Executory Period that are not tettninable <br /> <br />7 <br />
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