Common use of Evidence of Title Clause in Contracts

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverage.

Evidence of Title. Within twenty (20Seller makes no representations or warranties regarding the accuracy of the legal description(s) days attached hereto as Exhibit A. Seller agrees to use reasonable efforts to deliver to Buyer as soon as reasonably possible after the Effective DateSeller’s execution of this Contract, copies of all title information acquired by Seller or ten its predecessor in title, which is in possession of the Real Estate Services division of Seller located in Winston-Salem, North Carolina, if any, including, but not limited to: title insurance policies, surveys, covenants and deeds and any other documents or information related to the Property except for proprietary information such as test fits and appraisals obtained by Seller. The Buyer shall have until the expiration of the Study Period (10the “Title Objection Deadline”) days to review the condition of title and the Permitted Encumbrances. In the event Buyer, in its sole discretion, finds any of the conditions of title or the Permitted Encumbrances unacceptable to Buyer, Buyer shall give written notice to Seller of the specific conditions of title and the Permitted Encumbrances, if any, which are unacceptable to Buyer (the “Title Objections”) prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery expiration of the title commitmentTitle Objection Deadline. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER Seller shall have ten (10) business days after receipt of the title commitment notice of any Title Objections to notify SELLER Buyer whether it will remedy (but Seller has no obligation to remedy) or is unable or unwilling to remedy Buyer’s concerns about the Title Objections. If Seller is unwilling or unable to remedy or satisfy Buyer with respect to such Title Objections, Buyer shall have the option of Closing, subject to such Title Objections (but without any reduction in writing the Purchase Price), or terminating all of Buyer’s rights and obligations under this Contract, which election shall be made by Buyer by written notice to Seller given within five (5) days following the date of expiration of said ten (10) business day period. In the event Buyer so terminates this Contract, the Xxxxxxx Money Deposit shall be returned to Buyer, and neither Buyer nor Seller shall have any valid objections to rights or obligations under this Contract except for those obligations expressly surviving termination of this Contract. It is the express understanding and agreement of the parties that Seller has not made, does not make, and hereby disclaims any and all representations regarding the title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, except as otherwise specifically provided in this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageContract.

Evidence of Title. At the Closing, title to the Developer Parcel shall be marketable and insurable at standard rates by the Title Company pursuant to a full coverage owner 's title insurance policy on the most recent ALTA form then in effect issued by the Title Company (the "Title Policy") showing title to be free and clear of all liens except any existing special assessments, easements, agreements, rights-of-way, restriction and adverse claims as are acceptable to Developer in its sole discretion (the "Permitted Exceptions''). Any existing special assessments ( for future installments) on the City Parcel shall be prorated between the Developer Parcel and City Parcel with each party being responsible for its share of annual installments. Developer will at Developer's sole expense, obtain from the Title Company, within 30 days of the Effective Date, a commitment for a fee owner's title insurance policy (the "Commitment"). Developer shall notify City in writing ("Objection Notice") , not later than thirty (30) days of Developer's receipt of the Commitment (the "Objection Period"), of any title matters regarding the Developer Parcel set forth in the Commitment not acceptable to Developer ("Developer Parcel Defects"). If Developer fails to notify City in writing on or prior to the last day of the Objection Period, which in any event shall not be more than 60 days from the Effective Date, Developer waives it right to object and terminate the Agreement as result of Developer Parcel Defects. City shall, upon receipt of an Objection Notice, have the option of: (i) remedying or removing some or all of the Developer Parcel Defects prior to the Closing to Developer's satisfaction, provided that City shall be required to remedy or remove all mortgages, liens and encumbrances that may be removed or discharged by the payment of money ("Monetary Liens"); or (ii) leaving some or all of the Developer Parcel Defects as is. Within twenty (20) business days after the Effective Datereceipt of an Objection Notice, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery City shall give Developer written notice of its election of the title commitmentforegoing options. The title commitment If City fails to give such notice, the City shall commit be deemed to insure a marketable fee simple title in the BUYER upon the recording have agreed to remedy and/or remove all such Developer Parcel Defects. If City gives notice within such 20 business day period that it is unwilling or unable to remedy or remove one or more of the deed or other documents of conveyance. HoweverDeveloper Parcel Defects, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER then Developer shall have ten (10) days the option for a 20 day period after receipt of the title commitment City's notice to notify SELLER in writing of any valid objections to title give its written notice to the Property. SELLER shall then make a good faith effort City to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Dateeither (i) terminate this Agreement , a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and in which event the Xxxxxxx Money shall be returned to BUYERDeveloper and each of Developer and City shall be released from their respective obligations under this Agreement , or (ii) be deemed t o have waived any Developer Parcel Defects that City is unwilling or unable to remedy or remove. SELLER agrees I f City cannot or does not remove such Developer Parcel Defect(s) that it has agreed or is deemed to provide and pay for an owner’s title insurance policy in have agreed to remedy and/or remove on or before the amount date of the Purchase Price insuring marketable fee simple title Closing ("Uncured Defects"), City shall be in BUYERdefault. In the event of such default, subject in addition to remedies available to Developer as set forth in Section 14 hereof, Developer may proceed with the Closing, in which event Developer shall waive such Uncured Defects, except for Monetary Liens (and such Uncured Defects shall be deemed Permitted Exceptions hereunder), provided, however, that Developer may require that any Monetary Liens be paid and with discharged out of the exception proceeds of sale. I f City cures all Developer Parcel Defects prior to Closing Developer shall be deemed to have accepted title, except for any lienstitle defects that might arise between the date of the Commitment and the Closing Date. I f between the date of the Commitment and the Closing Date , encumbrances on other matters affecting it is determined that title to the Property created Developer Parcel is encumbered by BUYER any lien, easement or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, other claim that was not present as of the date of recording the commitment , then Developer shall have the same rights to give notice to City objecting to such title matters and the parties shall follow the procedure set forth in this paragraph with respect to Developer Parcel Defects and Closing shall be delayed until the resolution of any such additional title matters pursuant to the foregoing. City expressly advises Developer that the Developer Parcel is subject to certain Environmental Covenants of record and a Declaration of Restrictions recorded June 20, 2013 as 2013-00043376 Xxxxxxxxxx County Records. Any conveyance from the City to Developer of the deed or other document of conveyance, against any lien, or right Developer Parcel shall be subject to the use limitations contained in the Sale/Purchase Contract between the City and Meijer Stores Limited Partnership and the same shall not be considered a lien, for services, labor or material imposed by law and not shown by Developer Parcel Defect (the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverage"Meijer Covenants").

Evidence of Title. Within twenty (20) days after the Effective Date, Date or ten (10) days prior to the Closing Date, closing (whichever date is earlier), SELLER agrees to Seller shall deliver to BUYER a commitment for title insurance (“Title Commitment”) issued by a title insurance commitment from a company authorized to insure titles (“Title Company”) regularly doing business in the state County where the Property is located. Unless there is , committing the Title Company to issue a defect policy in the usual form insuring title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay Buyer’s name for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title Price. Buyer is cautioned that there may be subdivision covenants, bylaws, or other restrictions on the use of the Property, all of which should be recorded in BUYERthe office of the Recorder of Deeds in the County in whichthe Property is located (“Title Restrictions”). Examples of restrictions include construction of improvements including room additions, subject a swimming pool, and non- residential uses of the Property suchas use of a room for business or the right to keep certain vehicles or animals on the Permitted Exceptions Property. The Buyer is advised to review all easements, government regulations and with subdivision restrictions before Closing if the exception of any liensBuyer plans these or similar uses. If Buyer requires assistance in reviewing easements, encumbrances on surveys, restrictions or other matters affecting the title or use of the Property, Buyer should seek competent legal advice. The real estate agents have no responsibility to advise the Buyer about any Title Restrictions concerning the Property. “Permitted Exceptions” to title shall include only the lien of taxes and assessments, zoning laws and building ordinances, easements, apparent or of record, which do not underlie the improvements or render Property unmarketable; covenants and restrictions of record which are not violated by the existing improvements or by the present use of the Property; existing mortgages (which will be satisfied at Closing, if not assumed); coal, gasand other minerals excepted or conveyed in prior transactions; and limitations and conditions imposed by the Illinois Condominium Property Act, if applicable. In the event the Property is governed by the Condominium Property Act, Seller shall furnish Buyer a statement from the Board of Managers, Treasurer, or Managing Agent of the condominium association certifying payment of assessments for the condominium common expenses and, if applicable, proof of waiver or termination or anyright of first refusal or general option to purchase contained in the declaration of condominium, together with any other documents required by declaration of condominium or bylaws thereto as precondition to the Property created by BUYER transferof title. Buyer shall deliver written notice of exceptions (other than the Permitted Exceptions) to which the Buyer objects and the reasons for the objection to the Seller within seven (7) days after being furnished the Title Commitment. Seller shall have five (5) days to have such title exceptions removed or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coveragedemonstrate that the objections will be cleared prior to Closing. If Seller is unable to cure such title exceptions or demonstrate that the applicable box in Paragraph 11 is checkedobjections will be cleared prior to Closing, the policy Buyer shall also insure BUYERhave the option to terminate this Contract, as in which case the Buyer shall deliver to Seller a Termination Notice. For the Termination Procedure see Paragraph 37. In the event the Title Commitment is not available to allow the full-time frames provided above, such time limitations shall be adjusted pro-rata to meet the Closing Date agreed to between the Parties. At closing, title shall only be subject to lien of taxes for current year and thereafter and permitted exceptions. The Title Company has the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor contact either Buyer or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageSeller.

Evidence of Title. Within twenty (20) days after As a condition of Buyer's exercise of the Effective DateOption to Purchase, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER Buyer shall obtain at Buyer's expense a title insurance commitment policy from a nationally recognized company authorized of Buyer's choosing which shall insure to insure titles Buyer good and merchantable title in the state where the Property is locatedfee simple, free and clear of all liens and encumbrances, with access to publicly dedicated and accepted highways and streets, without additional charge or premium. Unless there is a defect in At Closing, Seller shall transfer title to the Property that is not corrected prior to the Closing DateBuyer by General Warranty Deed, BUYER may not object to untimely delivery free and clear of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording all liens and encumbrances, with release of the deed or other documents of conveyance. Howeverdower, title to the Property shall be subject to the conditions in this Contract and to customary covenantsif applicable, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount with tender of the Purchase Price insuring marketable fee simple title in BUYERbeing evidence of Buyer's performance hereunder. Documentary stamps, subject to transfer or conveyance fees shall be paid by Seller, and the Permitted Exceptions and with costs of recording the exception of any liens, encumbrances on other matters affecting title to the Property created Deed shall be paid by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien CoverageBuyer. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as title to all or part of the date of recording Property to be conveyed is defective or unmerchantable, if access to a publicly dedicated highway or street is unavailable, or if any part of the deed Property is subject to liens, encumbrances, easements, conditions or restrictions that affect Buyer's intended use of the Property, or in the event of any encroachment, Seller shall have thirty (30) days after written notice thereof, within which to obtain access to a publicly dedicated highway and/or street or to remove such defect, lien, encumbrance, easement, condition, restriction, or encroachment. If Seller is unable to remedy or remove, or to secure title insurance for a reasonable cost against such defect, lien, encumbrance, easement, condition, restriction or encroachment within said thirty (30) day period, Buyer may elect to either: a) terminate this Agreement or b) agree in writing to waive such defect, lien, encumbrance, easement, condition, restriction or encroachment and to proceed with the purchase of the Property Seller agrees to indemnify, reimburse, protect, defend, and hold Buyer harmless from any cost or damage, including reasonable legal costs and fees, incurred or resulting from Seller refusing to close or not being able to close under the terms and conditions of this Agreement for any reason whatsoever, without prejudice to Buyer's additional rights, if any, at law or equity or both. Neither this Agreement or the acts of the parties hereto shall be deemed to create a joint venture, partnership, or other document arrangement by which any party might be deemed to be an agent of conveyance, against any lien, or right to a lien, liable for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by acts of the title company for issuance of this coverageother party.

Evidence of Title. Within twenty ten (2010) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to Seller shall deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing DateBuyer, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Dateits attorneys, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay commitment for an owner’s title insurance policy in (hereinafter referred to as the amount of the Purchase Price insuring marketable “Commitment”) written on Lawyers Title Insurance Company (“Title Company”), evidencing that Seller is vested with fee simple title to the Property, free and clear of all liens, encumbrances, exceptions or qualifications whatsoever, save and except for (a) those exceptions specified as “Permitted Exceptions” in BUYERExhibit “D” attached to this Contract and (b) those exceptions to title which are to be discharged by Seller at or before the closing thereof. Legible copies of all exceptions set forth on the Commitment shall be provided to Buyer with the Commitment. The Commitment shall also evidence that, upon the execution, delivery and recordation of the deed to be delivered pursuant to the provisions of this Contract and the satisfaction of all requirements specified in Schedule B, Section I of the Commitment, Buyer shall acquire fee simple title to the Property, subject only to the Permitted Exceptions. If the Commitment does not meet the requirements specified above, the Buyer shall notify Seller of that fact in writing within thirty (30) days after obtaining the Commitment. Such written notice shall specify those liens, encumbrances, exceptions or qualifications to title which are either not Permitted Exceptions or matters to be discharged by Seller at or before closing (any such liens, encumbrances, exceptions or qualifications being hereinafter referred to as “Title Defects”). Seller shall have until the end of the Due Diligence Period in which to undertake an effort and, in fact, cure or eliminate the Title Defects to the satisfaction of the Title Company in such manner as to permit the Title Company to endorse the Commitment so as to delete the Title Defects therefrom or notify the Buyer that Seller does not intend to attempt any cure, it being agreed that Seller is not obligated or required to undertake any cure. If Seller shall in fact cure or eliminate the Title Defects, the closing shall take place on the date specified in this Contract, subject to Buyer’s right to terminate as provided in this Contract. If Seller is unable to cure or eliminate the Permitted Exceptions Title Defects, or Seller determines it will not attempt to cure the Title Defects within the time allowed, Buyer may elect (as it’s sole remedy) to terminate this Contract within the Due Diligence Period by giving written notice of termination to Seller, or, alternatively, Buyer may elect to close its purchase of the Property and with accept the exception conveyance of any liens, encumbrances on other matters affecting title the Property subject to the Property created Title Defects, in which event the closing shall take place on the date specified in this Contract. If, by BUYER or arising by virtue giving written notice to Seller within the time allowed, Buyer elects to terminate this Contract because of BUYER’S activities or ownership. Mechanic’s Lien Coveragethe existence of uncured Title Defects, Buyer shall have as its sole remedy the return of the Xxxxxxx Money Deposit and, upon the disbursement thereof to Buyer, this Contract and all rights and obligations of the parties hereunder shall terminate and be null and void. If the applicable box in Paragraph 11 is checkedSeller elects not to undertake or attempt to cure a Title Defect and Buyer elects to terminate this Contract pursuant hereto, the policy Seller shall also insure BUYER, as reimburse Buyer for up to Twenty Five Thousand Dollars ($25,000.00) of ‘out of pocket expenses’ related to due diligence or design of Buyer’s proposed use of the date of recording Property; provided Buyer submits reasonable support for such expenses and provides Seller a copy of the deed reports or other document of conveyance, against any lien, or right to a lien, materials for services, labor or material imposed by law and not shown by which the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageBuyer seeks reimbursement.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on or other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S ’s activities or ownership. MechanicWithin a reasonable time after the Effective Date, but prior to the Closing Date (the “Commitment Delivery Date”), SELLER agrees, at SELLER’s Lien Coverageexpense, to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located, setting forth its requirements to issue an owner’s title policy and mortgage policy, if applicable. If Unless there is a defect in title to the applicable box in Paragraph 11 Property that is checkednot corrected prior to the Closing Date, the policy shall also insure BUYER, as BUYER may not object to untimely delivery of the date of title commitment. The title commitment will commit to insure marketable fee simple title in the BUYER upon the recording of the deed or other document of conveyance. Title to the Property will be subject to the conditions in this Contract and to customary covenants, against declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the date of recording the deed or other document of conveyance (the “Permitted Exceptions”). BUYER will have a reasonable time after receipt of the title commitment (the “Objection Period”) to notify SELLER in writing of any lienvalid objections to title to the Property. XXXXXX will then make a good faith effort to remedy the defects in title. If SELLER is not able to remedy the title defects before the Closing Date, BUYER may elect to waive the objections, extend the Closing Date a reasonable time for the SELLER to remedy the defects, or right to a liencancel this Contract by written notice. If the time between the Effective Date and the Closing Date is short, for servicesboth the Commitment Delivery Date and the Objection Period will be as soon as reasonably possible, labor or material imposed by law and not shown by but no later than the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageClosing Date.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior Prior to the Closing DateClosing, whichever is earlier, SELLER agrees Borrower shall furnish to deliver to BUYER a Lender ALTA mortgagee's title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Datecommitments with extended coverage (i.e., BUYER may not object to untimely delivery without any of the title commitment. The title commitment shall commit to insure a marketable fee simple title in standard exceptions) (the BUYER upon "Title Commitments") for the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. Properties (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of $7,500,000 on the Purchase Price insuring Ohio Property and $5,000,000 on the South Carolina Property), with such provisions for reinsurance or co-insurance as Lender may require, written by a title insurance company acceptable to Lender, which bind the title insurance company to insure Lender that Borrower will have, upon Closing, good and marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the respective Property created covered thereby, and that each Mortgage will be the first lien on the respective Property to which it applies. The Title Commitment shall show each Property to be free and clear of all defects, liens, encumbrances, security interests, restrictions and easements which are not acceptable to Lender or which would unreasonably interfere with the present use of such Property. The Title Commitments shall contain all affirmative coverages and endorsements as may be required by BUYER Lender in its discretion, including without limitation affirmative coverage that the Property covered thereby has ingress and egress to a publicly dedicated street. The title policies issued pursuant to the Title Commitments (the "Title Policies") shall be delivered to Lender within 15 days after the Closing. Both the Title Commitments and the Title Policies shall show Lender as the insured, and shall contain no exceptions except those specifically approved by Lender. Prior to Closing, Borrower shall execute and deliver a no-lien affidavit and such agreements, affidavits, waivers, bonds, and indemnities as are desired or arising required by virtue of BUYER’S activities either Lender or ownershipthe title insurance company to issue the Title Commitments and Title Policies. Mechanic’s Lien CoverageLender shall be provided with an insured closing letter from the title insurance company regarding the title agent, if any. If Lender reserves the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, require reinsurance in such amounts and from such companies as may be acceptable to Lender (such reinsurance to be evidenced by an ALTA Reinsurance Agreement with provisions for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coveragedirect access).

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a A title insurance commitment from issued by a company authorized Florida licensed title insurer agreeing to insure titles in the state where the Property is located. Unless there is a defect in title issue to the Property that is not corrected prior to the Closing DateBuyer, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. Howevereasement to Buyer, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s policy of title insurance policy in the amount of the Purchase Price purchase price, insuring marketable fee simple title Buyer’s interest in BUYERthe Property, subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract and those which shall be discharged by Seller at or before closing. Buyer shall have thirty (30) days, if abstract, or seven (7) days, if title commitments, from date of receiving evidence of title, including receipt of documents requested by Xxxxx via email dated March 2, 2020, to examine same. If title is found defective, Buyer shall within five (5) days thereafter, notify Seller in writing specifying defect(s). If said defect(s) render title unacceptable or uninsurable, Seller will have 120 days from receipt of notice within which to remove said defect(s), and if Seller is unsuccessful in removing them within said time, Buyer shall have the option of either accepting the title as it then is, or demanding a refund of the Xxxxxxx Money, which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released, as to one another, of all further obligations under this Contract. However, Xxxxxx agrees that Seller will, if title is found to be unmarketable or uninsurable, use diligent effort to correct the defect(s) in title within the time provided therefor, including the bringing of necessary suits. Notwithstanding the foregoing or any other provision of this Contract to the Permitted Exceptions contrary, without the need for Buyer to object thereto, at Closing, Seller will deliver to Buyer properly executed releases of the Property from (i) any Master Stumpage Agreement, Pulpwood Supply Agreement, Pulpwood Support Agreement, Log Supply Agreement, and/or Log Support Agreement entered into between Seller, certain of its affiliates, and with International Paper Company; and (ii) any mortgages, deeds of trust or similar instruments affecting the exception Property that secure a loan or loans obtained by Seller. Buyer acknowledges that Seller does not own the minerals on the Property and that the Property may be subject to a Surface Use Agreement, which governs the exercise of mineral rights owned by a third party. Buyer may not object to such Surface Use Agreement or any liens, encumbrances on other matters affecting title exceptions pertaining to the Property created ownership of minerals by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If third parties, and the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and Surface Use Agreement will not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coveragebe released at Closing.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverage.

Evidence of Title. Within twenty (20) days of receipt of a Purchase Notice, Landlord shall deliver to Tenant a copy of Landlord’s existing owner’s title insurance policy and all endorsements thereto. Within thirty (30) days after the Effective DatePurchase Notice, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER Tenant at Tenant’s expense shall obtain a title insurance commitment from (with legible copies of instruments listed as exceptions attached thereto) issued by a company authorized to insure titles title insurer licensed in the state where the Property Premises is located. Unless there is a defect in title located agreeing to the Property that is not corrected prior to the Closing Dateissue Tenant, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. Howeverto Tenant, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s policy of title insurance policy in the amount of the Purchase Price Price, insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting Tenant’s title to the Property created Premises, subject only to liens, encumbrances, exceptions or qualifications provided in these Purchase Terms and those to be discharged by BUYER Landlord at or arising by virtue before closing. Landlord shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in these Purchase Terms. Marketable title shall be determined according to applicable law. Tenant shall have thirty (30) days from date of BUYER’S activities or ownershipreceiving evidence of title to examine it. Mechanic’s Lien CoverageIf title is found defective, Tenant shall within three (3) days thereafter, notify Landlord in writing specifying defect(s). If the applicable box in Paragraph 11 is checkeddefect(s) render title unmarketable, Landlord will have thirty (30) days from receipt of notice to remove the policy shall also insure BUYERdefects, as failing which Tenant shall, within five (5) days after expiration of the date of recording thirty (30) day period, deliver written notice to Landlord either: (1) extending the time for a reasonable period not to exceed one hundred twenty (120) days within which Landlord shall use diligent effort to remove the defects; or (2) terminating Tenant’s exercise of the deed or other document of conveyanceOption to Purchase the Premises. If Tenant fails to so notify Landlord, against any lien, or right Tenant shall be deemed to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by have accepted the title company for issuance as it then is. Landlord shall, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor. If Landlord is unable to timely correct the defects, Tenant shall either waive the defects or terminate the exercise of this coveragethe Option to Purchase, thereby releasing Tenant and Landlord from all further obligation under these Purchase Terms.

Evidence of Title. Within twenty (20) days a reasonable time after the Effective Date, or ten (10) days but prior to the Closing Date 770 (the "Commitment Delivery Date, whichever is earlier"), SELLER agrees to deliver to BUYER a title insurance commitment 771 from a company authorized to insure ensure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. 772 773 SELLER agrees to provide and pay for an owner’s 's title insurance policy in the amount of the 774 Purchase Price insuring ensuring marketable fee simple title in BUYER, subject to the Permitted Exceptions 775 and with the exception of any liens, encumbrances on or other matters affecting title to the Property 776 created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the The policy shall will also insure BUYER, ensure 777 BUYER as of the date of recording of the deed or other document of conveyance, against any lien, or 778 right to a lien, for services, labor or material imposed by law and not shown by the public records. 779 SELLER agrees to execute all affidavits and indemnities required by comply with the requirements of the title company for issuance of this coverage.. 780 781 Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER 782 may not object to untimely delivery of the title commitment. 783 784 The title commitment will commit to ensure a marketable fee simple title to the BUYER upon the 785 recording of the deed or other document of conveyance. However, title to the Property will be subject to 786 the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, 787 easements, party-wall agreements, special assessments, and community Contracts of record as of the 788 Effective Date of the title commitment (the "Permitted Exceptions"). UNLESS OTHERWISE PROVIDED 789 IN THIS CONTRACT, THE OWNER'S TITLE POLICY WILL INCLUDE MECHANIC'S LIEN 790 COVERAGE. 791 792 BUYER will have a reasonable time after receipt of the title commitment (the "Objection Period") to 793 notify SELLER in writing of any valid objections to title to the Property. SELLER will then make a good 794 faith effort to remedy the defects in title. 795 796 If SELLER does not remedy the title defects before the Closing Date, BUYER may elect to waive the 797 objections, extend the Closing Date for a reasonable time for SELLER to remedy the defects or cancel 798 this Contract. Provided, if the time between the Effective Date and the Closing Date is too short to 799 permit compliance with the time frames described in this paragraph, both the Commitment Delivery 800 Date and the Objection Period will be as soon as reasonably possible but no later than the Closing 801 Date. 802

Evidence of Title. Within twenty At the Closing, Seller shall convey good and clear record and marketable and insurable title to the Real Estate being conveyed to Purchaser, free from all encumbrances except: (20a) days after environmental, and other laws, rules, regulations, ordinances as may affect the Effective Dateuse, maintenance or ten ownership of the Real Estate; (10b) days prior to such taxes for the then current fiscal year as are not due and payable on the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in ; (c) any liens for municipal betterments assessed after the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be date hereof; (d) subject to the conditions in this Contract and provisions of subsection B of Section 1 above, Restrictions; (e) subject to customary covenants, declarations, restrictions, zoning lawsthe provisions of the following paragraph, easements, party wall agreements, special assessmentspermits, and community contracts restrictions of record as of the effective date hereof; and (f) subject to the provisions of the title commitment. following paragraph, any state of facts existing on a current survey of the Real Estate (collectively, the “Permitted Exceptions”). BUYER On or before the expiration of the Due Diligence Period, Purchaser shall review title to the Property and deliver to Seller a written notice (“Title Objection Notice”) of any title or survey matters as of 5:00 p.m. Eastern Time on the Due Diligence Expiration Date (other than Permitted Exceptions (a) through (e) above) which shall be cured or otherwise addressed to Purchaser’s satisfaction prior to Closing (“Title Objections”). Any Title Objection Notice shall describe the Title Objections referenced therein in reasonable detail and shall contain complete copies of all recorded instruments creating or related to the same. If Purchaser fails to timely deliver a Title Objection Notice to Seller on or before the expiration of the Due Diligence Period, any right of Purchaser to claim any Title Objections shall be deemed waived for all purposes, and Purchaser shall be deemed satisfied with the state of title and survey to the Property as of the Due Diligence Expiration Date and with its compliance with the provisions hereof relating to title and survey. If Purchaser delivers a timely Title Objection Notice prior to the expiration of the Due Diligence Period, any matters which would properly constitute Title Objections existing as of the Due Diligence Expiration Date which Purchaser fails to call to Seller’s attention in the Title Objection Notice shall be deemed to constitute a “Permitted Exception” for purposes of this Agreement and Purchaser shall be deemed satisfied with the state of title and survey to the Property as of the Due Diligence Expiration Date, and with its compliance with the provisions hereof relating to title and survey, except only for the Title Objections stated in the Title Objection Notice so delivered. Seller shall have ten (10) days (the “Cure Notice Period”) after the timely receipt of the title commitment a Title Objection Notice to notify SELLER in writing of any valid objections give Purchaser written notice (a “Cure Notice”) as to title which, if any, Title Objections Seller agrees to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER cure on or before the Closing Date (the “Cured Title Objections”); provided, however, that Seller shall cure any mortgage liens, mechanics liens and BUYER any other voluntary monetary liens or encumbrances affecting the Property (collectively, “Monetary Liens”). If Seller does not give a Cure Notice within such period, then Seller shall be deemed to have elected not to cure any of the Title Objections; or, if Seller gives Purchaser a Cure Notice within such period but does not agree therein to cure all Title Objections (or Seller’s proposed efforts to cure are not satisfactory to Purchaser), then Purchaser may elect to waive the objections or extend either (i) proceed to the Closing subject to Permitted Exceptions, specifically including any Title Objections which Seller has elected not to cure, and without reduction of the Purchase Price; or (ii) terminate this Agreement by giving Seller written notice of such election, either within ten (10) days of the expiration of the Cure Notice Period, or within ten (10) days of Purchaser’s receipt of Seller’s Cure Notice, respectively. If Purchaser so elects to terminate this Agreement, which termination would be deemed to be prior to the Due Diligence Expiration Date, a reasonable timethen this Agreement shall terminate as of the date of Purchaser’s termination notice, not to exceed sixty (60) days, this Contract shall be canceled and whereupon the Xxxxxxx Money shall be promptly returned to BUYERPurchaser, and this Agreement shall become void and without recourse to the parties hereto. SELLER agrees Seller shall use commercially reasonable efforts prior to provide and pay for an owner’s title insurance policy Closing to cure any Title Objections referenced in the amount Cure Notice in a manner reasonably satisfactory to Purchaser and may extend the time for Closing up to an additional thirty (30) days as necessary. Purchaser shall have the right prior to Closing to make additional objections to title and/or survey with respect to any matters which would properly be the subject of a Title Objection, but which first appear of record after the date of Purchaser’s Title Objection Notice and, in any such event, Seller shall use commercially reasonable efforts prior to Closing to cure any such additional objections which would properly be the subject of a Title Objection. If Purchaser’s diligence of the Purchase Price insuring marketable fee simple Property discloses judgments, bankruptcies or other returns against other persons or entities having names the same as or similar to that of Seller, Seller, on request, shall deliver to Purchaser or the Title Company affidavits to the effect that such judgments, bankruptcies or other returns are not against Seller. If the title commitment issued by the Title Company discloses exceptions (other than the Permitted Exceptions) which (i) may be removed solely by delivery of an affidavit, reasonably requested by the Title Company, which can be delivered by Seller or by reference to Seller’s existing title policy, or (ii) Seller willfully placed of record subsequent to the Effective Date, or (iii) may be removed or satisfied by the payment of a liquidated sum of money to a party other than the Title Company (provided that such liquidated sum shall be payable at Closing out of Seller’s gross sale proceeds), then Seller shall remove such exceptions. If, despite using commercially reasonable efforts to do so, Seller is unable to cure any Cured Title Objections (or Seller’s proposed efforts to cure are not reasonably satisfactory to Purchaser) in BUYERaccordance with the provisions of this Section 5, then Purchaser shall, within five (5) days after receipt of notice thereof, notify Seller in writing whether Purchaser shall elect either to (i) proceed to the Closing subject to the Permitted Exceptions Exceptions, specifically including any Title Objections which Seller is unable to cure, and with without reduction of the exception Purchase Price; or (ii) terminate this Agreement by sending written notice thereof to Seller, and upon delivery of such notice of termination, this Agreement shall terminate and the Xxxxxxx Money and any liensother deposits paid hereunder shall be tendered to Seller, encumbrances on other matters affecting title and thereafter neither party hereto shall have any further rights, obligations or liabilities hereunder except to the Property created by BUYER extent that any right, obligation or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance liability set forth herein expressly survives termination of this coverageAgreement.

Evidence of Title. Within twenty (20) days a reasonable time after the Effective Date, or ten (10) but no later than 14 days prior to the Closing Date, whichever is earlier, . SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles title in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents document of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easementseasement, party wall agreementsagreement, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). ): BUYER shall have ten (10) 10 days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. Property SELLER shall then make a good faith effort to rectify any objectionsremedy the defects in title. If any valid SELLER does not so remedy the title objections cannot be rectified by SELLER defects before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, Date a reasonable time, not to exceed sixty (60) 60 days, this Contract shall be canceled cancelled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price purchase price insuring marketable fee simple title in BUYER, subject to the Permitted permitted Exceptions and with the exception of any liens, encumbrances on or other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the The policy shall also insure BUYER, BUYER as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by comply with the title company requirements of the Title Company for issuance of this coverageissuance. UNLESS OTHERWISE PROVIDED IN THIS CONTRACT, THE OWNER’S TITLE POLICY WILL INCLUDE MECHANIC’S LIEN COVERAGE.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The Buyer shall obtain an owner's title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple purchase price. The title in BUYERevidence shall be from a nationally recognized title insurance company (the "Title Company") designated by Buyer, subject certified to within thirty (30) days prior to closing with endorsement not before 8:00 a.m. on the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title business day prior to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording closing, all in accordance with the standards of the deed Columbus Bar Association, and shall show title in fee simple free and clear of all liens and encumbrances except: (a) those created by or assumed by Buyer; (b) those specifically set forth in this contract; (c) zoning ordinances; (d) legal highways and (e) covenants, restrictions, conditions, and easements of record that do not unreasonably interfere with present lawful use. Seller shall pay the cost of the owner's title policy in the amount of the purchase price; provided that Buyer shall pay any additional costs incurred in connection with mortgage title insurance issued for the protection of Buyer's lender, and any endorsements thereto that the Buyer of lender may require. If Buyer desires a survey, Buyer shall pay the cost thereof. If title to all or part of real estate is unmarketable, as determined by Ohio law with reference to the Ohio State Bar Association's Standards of Title Examination, or is subject to liens, encumbrances, easements, conditions, restrictions, or encroachments other document of conveyancethan those excepted in this contract, against Seller may, but shall not be obligated to, within thirty (30) days after a written notice thereof, remedy or remove any such defect, lien, encumbrance, easement, condition, restriction, or right encroachment or obtain title insurance without exception therefore. In the event Seller is unwilling or unable to a lienremedy or insure against the defect within the thirty (30) day period, Buyer may declare this contract null and void, and the Buyer's earnest money deposix xxxxx be immediately refunded to Buyer and neither party shall have any further rights or obligations under this contract, except for servicesBuyer's indemnity set forth in Section 4(b) above. At closing, labor Seller shall sign such affidavits or material imposed by law and not shown by the public records. SELLER agrees certifications with respect to execute all affidavits and indemnities off-record title matters as may be required by the Title Company in order to deliver the title company for issuance of policy in the form required by this coveragecontract, in accordance with the community custom.

Evidence of Title. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount 793 of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and 794 with the exception of any liens, encumbrances or other matters affecting title to the Property created by BUYER 795 or arising by virtue of BUYER’s activities or ownership. 796 797 Within twenty (20) days a reasonable time after the Effective Date, or ten (10) days but prior to the Closing Date (the “Commitment Delivery 798 Date, whichever is earlier”), SELLER agrees agrees, at SELLER’s expense, to deliver to BUYER a title insurance commitment from a 799 company authorized to insure titles in the state where the Property is located, setting forth its requirements to 800 issue an owner’s title policy and mortgage policy, if applicable. 801 802 Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not 803 object to untimely delivery of the title commitment. The title commitment shall will commit to insure a marketable fee 804 simple title in the BUYER upon the recording of the deed or other documents document of conveyance. However, title Title to the 805 Property shall will be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, 806 zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of 807 the effective date of recording the title commitment. deed or other document of conveyance (the “Permitted Exceptions”). 808 809 BUYER shall will have ten (10) days a reasonable time after receipt of the title commitment (the “Objection Period”) to notify 810 SELLER in writing of any valid objections to title to the Property. SELLER shall will then make a good faith effort to rectify any objections811 remedy the defects in title. If any valid SELLER is not able to remedy the title objections cannot be rectified by SELLER defects before the Closing Date and Date, BUYER does not 812 may elect to waive the objections or objections, extend the Closing Date, Date a reasonable timetime for the SELLER to remedy the 813 defects, not to exceed sixty (60) days, or cancel this Contract shall be canceled by written notice. 814 815 If the time between the Effective Date and the Xxxxxxx Money shall Closing Date is short, both the Commitment Delivery Date and 816 the Objection Period will be returned to BUYERas soon as reasonably possible, but no later than the Closing Date. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverage.817

Evidence of Title. Within twenty (20) days of receipt of a Purchase Notice, Landlord shall deliver to Tenant a copy of Landlord's existing owner's title insurance policy and all endorsements thereto. Within thirty (30) days after the Effective DatePurchase Notice, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER Tenant at Tenant's expense shall obtain a title insurance commitment from (with legible copies of instruments listed as exceptions attached thereto) issued by a company authorized to insure titles title insurer licensed in the state where the Property Premises is located. Unless there is a defect in title located agreeing to the Property that is not corrected prior to the Closing Dateissue Tenant, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. Howeverto Tenant, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s 's policy of title insurance policy in the amount of the Purchase Price Price, insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting Tenant's title to the Property created Premises, subject only to liens, encumbrances, exceptions or qualifications provided in these Purchase Terms and those to be discharged by BUYER Landlord at or arising by virtue before closing. Landlord shall convey marketable title subject only to liens, encumbrances, exceptions or qualifications provided in these Purchase Terms. Marketable title shall be determined according to applicable law. Tenant shall have thirty (30) days from date of BUYER’S activities or ownershipreceiving evidence of title to examine it. Mechanic’s Lien CoverageIf title is found defective, Tenant shall within three (3) days thereafter, notify Landlord in writing specifying defect(s). If the applicable box in Paragraph 11 is checkeddefect(s) render title unmarketable, Landlord will have thirty (30) days from receipt of notice to remove the policy shall also insure BUYERdefects. Falling which Tenant shall, as within five (5) days after expiration of the date of recording thirty (30) day period, deliver written notice to Landlord either: (1) extending the time for a reasonable period not to exceed one hundred twenty (120) days within which Landlord shall use diligent effort to remove the defects; or (2) terminating Tenant's exercise of the deed or other document of conveyanceOption to Purchase the Premises. If Tenant fails to so notify Landlord, against any lien, or right Tenant shall be deemed to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by have accepted the title company for issuance as it then is. Landlord shall, if title is found unmarketable, use diligent effort to correct defect(s) in the title within the time provided therefor. If Landlord is unable to timely correct the defects, Tenant shall either waive the defects or terminate the exercise of this coveragethe Option to Purchase, thereby releasing Tenant and Landlord from all further obligation under these Purchase Terms.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on or other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S ’s activities or ownership. MechanicWithin a reasonable time after the Effective Date, but prior to the Closing Date (the “Commitment Delivery Date”), SELLER agrees, at SELLER’s Lien Coverageexpense, to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located, setting forth its requirements to issue an owner’s title policy and mortgage policy, if applicable. If Unless there is a defect in title to the applicable box in Paragraph 11 Property that is checkednot corrected prior to the Closing Date, the policy shall also insure BUYER, as BUYER may not object to untimely delivery of the date of title commitment. The title commitment will commit to insure marketable fee simple title in the BUYER upon the recording of the deed or other document of conveyance. Title to the Property will be subject to the conditions in this Contract and to customary covenants, against declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the date of recording the deed or other document of conveyance (the “Permitted Exceptions”). BUYER will have a reasonable time after receipt of the title commitment (the “Objection Period”) to notify SELLER in writing of any lienvalid objections to title to the Property. SELLER will then make a good faith effort to remedy the defects in title. If SELLER is not able to remedy the title defects before the Closing Date, BUYER may elect to waive the objections, extend the Closing Date a reasonable time for the SELLER to remedy the defects, or right to a liencancel this Contract by written notice. If the time between the Effective Date and the Closing Date is short, for servicesboth the Commitment Delivery Date and the Objection Period will be as soon as reasonably possible, labor or material imposed by law and not shown by but no later than the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageClosing Date.

Evidence of Title. Within twenty At any time after the execution of this option and during the option period or after the exercise of this option and after the completion of the survey and the request of BUYER, SELLER shall furnish BUYER a commitment for title insurance issued by a title company acceptable to BUYER certified to a date within thirty (2030) days of delivery to BUYER, showing merchantable title to the PROPERTY in the name of SELLER. The cost of the commitment shall initially be paid by BUYER. Provided, that if BUYER objects to any material defect and SELLER is not able to cure the material defect as provided hereafter and BUYER cancels this transaction because of such material defect, then SELLER shall pay to BUYER. the cost of said title commitment. Provided, further, that if this transaction closes, then SELLER shall pay for the title insurance by BUYER being credited with such cost at the closing, The cost of updates to the title insurance commitment shall be paid by BUYER (with no credit) unless the updates are required because of material defects noted in the original commitment, in which case, SELLER shall pay for said updates. BUYER shall have fourteen (14) days after the Effective Datedelivery of said commitment for title insurance to notify SELLER of the acceptance of title or of any material defects therein. It is agreed by SELLER and BUYER that the following shall not be considered material defects in title: easements, covenants and restrictions of record acceptable to BUYER; real estate taxes and assessments; liens and encumbrances as set forth and mentioned in this agreement; any liens and encumbrances that may possibly attach to the PROPERTY by reason of the acts of omission or ten commission of the BUYER: and those liens and encumbrances that will be paid at the time of closing. SELLER shall be able to cure any material defects in title on or before fifteen (1015) days prior to closing. In the Closing Dateevent SELLER is unable to cure said material title defects, whichever is earlierthis agreement shall become null and void and all sums paid by BUYER to SELLER wider this option shall be retained by SELLER. On or before thirty (30) days after the closing of this transaction, SELLER agrees to shall deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in policy which shall show merchantable title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title PROPERTY in the name of BUYER upon the recording of the deed or other documents of conveyance. However, title and show said real estate to the Property shall be subject to the conditions in this Contract free and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing clear of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled all liens and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, except as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageset forth above.

Evidence of Title. Within twenty (20) days a reasonable time after the Effective Date, or ten (10) days but prior to the Closing Date 770 (the "Commitment Delivery Date, whichever is earlier"), SELLER agrees to deliver to BUYER a title insurance commitment 771 from a company authorized to insure ensure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. 772 773 SELLER agrees to provide and pay for an owner’s 's title insurance policy in the amount of the 774 Purchase Price insuring ensuring marketable fee simple title in BUYER, subject to the Permitted Exceptions 775 and with the exception of any liens, encumbrances on or other matters affecting title to the Property 776 created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the The policy shall will also insure BUYER, ensure 777 BUYER as of the date of recording of the deed or other document of conveyance, against any lien, or 778 right to a lien, for services, labor or material imposed by law and not shown by the public records. 779 SELLER agrees to execute all affidavits and indemnities required by comply with the requirements of the title company for issuance of this coverage.. 780 781 Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER 782 may not object to untimely delivery of the title commitment. 783 784 The title commitment will commit to ensure a marketable fee simple title to the BUYER upon the 785 recording of the deed or other document of conveyance. However, title to the Property will be subject to 786 the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, 787 easements, party-wall agreements, special assessments, and community Contracts of record as of the 788 Effective Date of the title commitment (the "Permitted Exceptions"). UNLESS OTHERWISE PROVIDED 789 IN THIS CONTRACT, THE OWNER'S TITLE POLICY WILL INCLUDE MECHANIC'S LIEN 790 COVERAGE. 791 792 BUYER will have a reasonable time after receipt of the title commitment (the "Objection Period") to 793 notify SELLER in writing of any valid objections to title to the Property. XXXXXX will then make a good 794 faith effort to remedy the defects in title. 795 796 If SELLER does not remedy the title defects before the Closing Date, BUYER may elect to waive the 797 objections, extend the Closing Date for a reasonable time for SELLER to remedy the defects or cancel 798 this Contract. Provided, if the time between the Effective Date and the Closing Date is too short to 799 permit compliance with the time frames described in this paragraph, both the Commitment Delivery 800 Date and the Objection Period will be as soon as reasonably possible but no later than the Closing 801 Date. 802

Evidence of Title. Within twenty (20) days As soon as practicable after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER Xxxxxx agrees to deliver to BUYER furnish Buyer a written commitment in the amount of the Purchase Price from a title insurance commitment from a company duly authorized to insure titles do business in the state where the Illinois, showing merchantable title to said Property is located. Unless there is a defect vested in Seller, and evidencing said title insurance company’s commitment to issue an ALTA Owner’s Policy (June 17, 2006 version) showing merchantable title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title as being vested in the BUYER Buyer upon the recording of the deed or deeds of conveyance and other documents required to be recorded pursuant to the terms of conveyancesaid commitment, subject only to matters to which this sale is subject by the terms hereof and to the customary exceptions contained in owners policies issued by such company. HoweverIf written commitment discloses defects in title other than matters to which this sale is subject by the terms hereof and the customary exceptions in such policies, the Seller shall have until the date for delivery of deed to correct such defects. In the event Seller is unable to correct such defects, Buyer may either accept title to the Property shall be subject to the conditions “as is,” without reduction in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not Purchase Price or elect to waive the objections or extend the Closing Dateterminate this Contract, a reasonable time, not in which instance Seller shall return to exceed sixty (60) days, this Contract shall be canceled and Buyer the Xxxxxxx Money shall be returned to BUYERMoney. SELLER agrees to provide and pay for an ownerOwner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple will be paid for by Xxxxxx and issued to Buyer after delivery of deed, except that Buyer shall be responsible for paying the “buyer’s search fee” included in the cost of the owner’s title in BUYERpolicy. In the event Buyer’s lender requires title insurance as a condition for extending a mortgage loan to Buyer, subject Buyer shall pay the cost of any Endorsements to the Permitted Exceptions and Owner’s Policy specifically required by Buyer, including ALTA coverage, together with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as entire cost of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public recordslender’s title policy. SELLER Xxxxxx agrees to execute all affidavits and indemnities the ALTA Affidavit, if required by the title company for issuance of company, subject only to those items set forth in this coverageContract as permitted exceptions.

Evidence of Title. Within twenty The Grantor shall obtain a title commitment (20“Title Commitment”) days after the Effective Date, or ten for an ALTA owner’s title insurance policy (10“Title Policy”) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER issued by a title insurance commitment from a company duly authorized to insure titles do business in Nebraska and acceptable to the state where the Property is located. Unless there is a defect in Grantee (“Title Company”) covering title to the Grantor’s Exchange Property that is not corrected prior to and showing the Closing Date, BUYER may not object to untimely delivery condition of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject Grantor’s Exchange Property. Grantee agrees to review the Title Commitment and advise the Grantor whether the Title Commitment discloses exceptions to title other than Permitted Exceptions or discloses matters that render title to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts Grantor’s Exchange Property unmarketable. Grantee shall notify Grantor of record as of the effective date of the such title commitment. defects within thirty (“Permitted Exceptions”). BUYER shall have ten (1030) days after receipt of the Title Commitment and the Grantor shall have thirty (30) days after written notice of such defects from Grantee to have the exceptions removed from the Title Commitment or to have the title commitment to notify SELLER insurer commit, in writing that is acceptable to the Grantee, to insure against loss or damage that may be occasioned by such exceptions or defects. In the event that Grantee shall be unable or unwilling to correct such title defects within the thirty (30) day period, Grantee shall have the option, by written notice delivered to Grantor after expiration of any valid objections the thirty (30) day period, to either terminate this Agreement or take title to the PropertyGrantor’s Exchange Property subject to such exceptions or defects. SELLER shall then make a good faith effort In the event Grantee provides timely notice to rectify any objections. If any valid title objections cannot be rectified by SELLER before terminate this Agreement, the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract Agreement shall be canceled deemed terminated, and the Xxxxxxx Money parties shall have no further obligation to one another. In the event Grantee elects to take title to such exceptions or defects, said exceptions or defects shall be returned deemed to BUYERbe Permitted Exceptions. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount One-half of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as cost of the date of recording of Grantee’s Title Policy for the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed Exchange Property shall be paid by law and not shown by each party at the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageClosing.

Evidence of Title. Within twenty (20) days after the Effective DateAs evidence of title, or Seller, at Seller’s expense, agrees to furnish Buyer within ten (10) days prior of the Effective Date (as defined below), a commitment for title insurance issued by a reputable title company licensed to do business in the State of Michigan, in good standing (the Title Company), in an amount not less than the Purchase Price and bearing a date later than the acceptance date of this Agreement, with the owner’s policy to be issued pursuant to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a commitment insuring marketable title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title (as defined below) to the Property in Buyer. Seller agrees that is not corrected prior the commitment for title insurance and the subsequent policy to be issued shall be without standard exceptions and shall be recertified and updated at the Closing Date, BUYER may not object to untimely delivery closing of this transaction as of the title commitment. The date of such closing or the most recent date through which the county register of deeds has completed the recording and indexing of real estate instruments and documents in order to eliminate the “gap” period between the date of such title commitment shall commit and the closing of this transaction, and that the policy issued will be updated to insure a marketable fee simple title in close any “gap” period between the BUYER upon date of closing and the date of the recording of the deed or to Buyer. Seller shall also arrange to provide Buyer with a marked-up commitment for title insurance at the closing of this transaction guaranteeing that title is in the condition required under this paragraph. Seller shall execute an owner’s affidavit and such other documents as the title insurance company or its agent typically requires for the issuance of conveyancea policy without standard exceptions; provided, however, that Buyer shall pay for the cost of any survey required for the deletion of the standard exceptions. HoweverFor purposes of this Agreement, marketable title shall mean fee simple title free and clear of any and all liens and encumbrances whatsoever, excepting only recorded and enforceable building and use restrictions, public utility easements of record, and zoning ordinances, which shall not constitute title defects or render the title to the Property shall be subject to the conditions in this Contract and to customary covenantsunmarketable, declarationsprovided, restrictionshowever, zoning lawsthat Buyer, easementsat Buyer’s sole option, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not may elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple accept title in BUYERwhatever condition it may be in, subject notwithstanding such condition would not meet the above definition of “marketable title” and, in such event, marketable title shall mean the condition of title which Buyer has elected to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageaccept.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior Seller shall cause to the Closing Date, whichever is earlier, SELLER agrees be furnished to deliver to BUYER Buyer a title insurance company’s commitment from to issue, after closing, a company authorized to insure titles title insurance policy in the state where the Property is located. Unless there is a defect in title an amount equal to the Property that is not corrected prior full purchase price naming Buyer as the insured. Except for assumptions or owner-carry transactions, the commitment shall show marketable title vested in Buyer, subject to the Closing Date, BUYER may not object to untimely delivery any of the title commitment. The title commitment shall commit following exceptions which may apply: Easements; if Buyer fails to insure obtain a marketable fee simple title in the BUYER upon the recording survey, any encroachments that would have been disclosed by a survey; rights-of-way of the deed or other documents record; trees, plantings and fences; restrictions and protective covenants of conveyance. Howeverrecord, title to the Property shall be subject to the conditions in this Contract provided no forfeiture provisions are contained therein; unmatured special assessments; oil and to customary covenants, declarations, restrictions, gas leases; zoning laws, easementsordinances and regulations; rights of tenants in possession; the liens, party wall agreementsif any, special assessmentsdescribed therein; and those exceptions which are standard to American Land Title Association’s Form B or as specified herein and in an assumption, and community contracts of record as of the effective date of mortgage securing the title commitmentloan which the Buyer is assuming. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt A copy of the title commitment will be furnished to notify SELLER in writing Seller, Buyer, lender, listing broker, and selling broker as promptly as possible. The Seller and Buyer shall each pay one-half the cost of the owner’s title insurance policy. In the event Seller is entitled to a discount, the Seller shall receive the full discount. Buyer shall pay for any valid objections to title to coverage for the Propertybenefit of Buyer’s lender. SELLER Buyer shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, have a reasonable time, not to exceed sixty (60) five business days, this Contract to examine the title insurance commitment and to notify Seller of any objections to the title. Objections shall be canceled made and cured per the Xxxxxxx Money Kansas Bar Association Title Standards. Seller may, at Seller's discretion, take action to resolve Buyer's objections to the status of title. If Seller fails or refuses to resolve Buyer's objections to title, then Buyer may either purchase the Property subject to Buyer's objections, or Buyer may terminate this Contract, in which event Buyer's sole remedy shall be returned to BUYERthe return of Buyer’s xxxxxxx money deposit. SELLER agrees to provide The applicable owner's premium and pay search fee for an owner’s the title insurance policy in shall be paid by the amount Seller, and the Escrow Agent shall have the right to pay such fees out of the Purchase Price insuring marketable fee simple funds held in escrow. Seller will pay for all expenses to clear title in BUYERrequirements, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coverageif any.

Evidence of Title. Within twenty (20) days a reasonable time after the Effective Date, or ten (10) but no later than 14 days prior to the Closing Date, whichever is earlier, SELLER . XXXXXX agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles title in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents document of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easementseasement, party wall agreementsagreement, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). ): BUYER shall have ten (10) 10 days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. Property SELLER shall then make a good faith effort to rectify any objectionsremedy the defects in title. If any valid SELLER does not so remedy the title objections cannot be rectified by SELLER defects before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, Date a reasonable time, not to exceed sixty (60) 60 days, this Contract shall be canceled cancelled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price purchase price insuring marketable fee simple title in BUYER, subject to the Permitted permitted Exceptions and with the exception of any liens, encumbrances on or other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the The policy shall also insure BUYER, BUYER as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER XXXXXX agrees to execute all affidavits and indemnities required by comply with the title company requirements of the Title Company for issuance of this coverageissuance. UNLESS OTHERWISE PROVIDED IN THIS CONTRACT, THE OWNER’S TITLE POLICY WILL INCLUDE MECHANIC’S LIEN COVERAGE.

Evidence of Title. XXXXXX agrees to provide and pay for an owner’s title insurance policy in the amount of 797 the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with 798 the exception of any liens, encumbrances or other matters affecting title to the Property created by BUYER or 799 arising by virtue of BUYER’s activities or ownership. 800 801 Within twenty (20) days a reasonable time after the Effective Date, or ten (10) days but prior to the Closing Date (the “Commitment Delivery Date”), whichever is earlier802 SELLER agrees, SELLER agrees at SELLER’s expense, to deliver to BUYER a title insurance commitment from a company 803 authorized to insure titles in the state where the Property is located, setting forth its requirements to issue an 804 owner’s title policy and mortgage policy, if applicable. 805 806 Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not 807 object to untimely delivery of the title commitment. The title commitment shall will commit to insure a marketable fee 808 simple title in the BUYER upon the recording of the deed or other documents document of conveyance. However, title Title to the Property shall 809 will be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning 810 laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date 811 of recording the title commitment. deed or other document of conveyance (the “Permitted Exceptions”). 812 813 BUYER shall will have ten (10) days a reasonable time after receipt of the title commitment (the “Objection Period”) to notify SELLER 814 in writing of any valid objections to title to the Property. SELLER shall XXXXXX will then make a good faith effort to rectify any objectionsremedy the 815 defects in title. If any valid SELLER is not able to remedy the title objections cannot be rectified by SELLER defects before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, BUYER may elect to 816 waive the objections, extend the Closing Date a reasonable timetime for the SELLER to remedy the defects, not to exceed sixty (60) days, or cancel 817 this Contract shall be canceled by written notice. 818 819 If the time between the Effective Date and the Xxxxxxx Money shall Closing Date is short, both the Commitment Delivery Date and the 820 Objection Period will be returned to BUYERas soon as reasonably possible, but no later than the Closing Date. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. 821 822 Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the The owner’s title policy shall will also insure BUYER, BUYER as of the date of recording of the 823 deed or other document of conveyance, against any lien, or right to a lien, lien for services, labor or material imposed 824 by law and not shown by the public records. SELLER XXXXXX agrees to execute all affidavits and indemnities required by comply with the requirements of the title company 825 for issuance of this coverage.. Any mechanic's lien or notice of intent filed during construction and prior to closing 826 will not be deemed a defect in title unless the title insurance company will not insure against loss therefrom. 827 828 If the Property (Missouri only) has not been occupied by SELLER and has had recent construction work 829 performed, the SELLER may be required to post and record a “notice of intended sale”, as stated in Chapter 830 429 of the Missouri Revised Statutes, in order for BUYER to obtain Xxxxxxxx's Lien Coverage. All parties are 831 advised to consult with the title company regarding these requirements. 832

Evidence of Title. Seller shall furnish to Purchaser at Seller’s expense a Title Insurance Company standard form of Owner’s Policy of Title Insurance with standard exceptions issued by Seller’s choice of Title Insurance Companies. Within twenty thirty (2030) days after following the Effective Dateacceptance of this offer Purchaser shall be furnished a Commitment for the issuance of such policy of title insurance covering the property. Such title commitment shall disclose that title of Seller is marketable and free of encumbrances, defects and any other matter(s) rendering title unmarketable. Seller’s title shall be subject to the following permitted exceptions: (a) general taxes for the year of Closing that are not yet due and payable as of the Closing and subsequent years, and (b) any such covenants, conditions, restrictions, exceptions to title, encumbrances, requirements for issuance of a policy, and easements of record which would not prevent or impair Purchaser’s intended use of the property. If the title commitment discloses encumbrances, exceptions and requirements for issuance of a policy, which are not acceptable to Purchaser, Purchaser shall notify Seller of such items within ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title insurance commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER and Seller shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of have 30 days from the date of recording of Purchaser’s notification to have the deed or other document of conveyanceunacceptable encumbrances, against any lien, or right to a lien, for services, labor or material imposed by law exceptions and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company requirements for issuance of a policy removed from the commitment. If Seller fails to have the unacceptable encumbrances, exceptions and requirements for issuance of a policy removed, Purchaser may terminate (by written notice) this coveragecontract. If Seller cannot remedy the title defects the Purchaser, upon demand, shall be entitled to an immediate refund of the xxxxxxx money deposit.

Evidence of Title. Within twenty (20) days a reasonable time after the Effective DateAcceptance Deadline, or ten Seller shall deliver a 242 commitment for title insurance (10“Title Commitment”) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER issued by a title insurance commitment from a company authorized to insure titles (“Title Company”) 243 regularly doing business in the state county where the Property is located. Unless there is , committing the Title Company to issue a defect 244 policy in the usual form insuring title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay Xxxxx’s name for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple Price. 245 Buyer is cautioned that there may be subdivision covenants, bylaws, or other restrictions on the use of the 246 Property, all of which should be recorded in the office of the Recorder of Deeds in the county in which the 247 Property is located (“Title Restrictions”). Examples of restrictions include construction of improvements 248 including room additions, a swimming pool, and non‐residential uses of the Property such as use of a room for 249 business or the right to keep certain vehicles or animals on the Property. The Buyer is advised to review all 250 easements, government regulations and subdivision restrictions before Closing if the Buyer plans these or 251 similar uses. If Buyer requires assistance in reviewing easements, surveys, restrictions or other matters 252 affecting the title or use of the Property, Buyer should seek competent legal advice. The real estate agents have 253 no responsibility to advise the Buyer about any Title Restrictions concerning the Property. 254 “Permitted Exceptions” to title shall include only the lien of taxes and assessments, zoning laws and building 255 ordinances, easements, apparent or of record, which do not underlie the improvements or render the Property 256 unmarketable; covenants and restrictions of record which are not violated by the existing improvements or by 257 the present use of the Property; existing mortgages (which will be satisfied at Closing, if not assumed); coal, gas 258 and other minerals excepted or conveyed in BUYERprior transactions. 259 Buyer shall deliver written notice of exceptions to which the Buyer objects (all exceptions not noted by Xxxxx 260 shall be “permitted exceptions”) and the reasons for the objection to the Seller within seven (7) days after 261 being furnished the Title Commitment. Seller shall have five (5) days to have such title exceptions removed or 262 demonstrate that the objections will be cleared prior to Closing. If Seller is unable to cure such title exceptions 263 or demonstrate that the objections will be cleared prior to Closing, the Buyer shall have the option to terminate 264 this Contract, in which case the Buyers shall deliver to Seller a Termination Notice. For Termination Procedure, 265 see Paragraph 35. In the event the Title Commitment is not available to allow the full time frames provided 266 above, such time limitations shall be adjusted pro‐rata to meet the Closing Date agreed to between the Parties. 267 At closing, title shall only be subject to the Permitted Exceptions lien of taxes for current year and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law thereafter and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coveragepermitted exceptions.

Evidence of Title. Within twenty (20) days after the Effective Date, or ten (10) days prior to the Closing Date, whichever is earlier, SELLER agrees to deliver to BUYER a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title to the Property that is not corrected prior to the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted Exceptions”). BUYER shall have ten (10) days after receipt of the title commitment to notify SELLER in writing of any valid objections to title to the Property. SELLER shall then make a good faith effort to rectify any objections. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER does not elect to waive the objections or extend the Closing Date, a reasonable time, not to exceed sixty (60) days, this Contract shall be canceled and the Xxxxxxx Money shall be returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER XXXXXX agrees to execute all affidavits and indemnities required by the title company for issuance of this coverage.

Evidence of Title. Within twenty ten (2010) days after the Effective Date, or ten Purchaser shall procure the Commitment, at Seller’s expense. The Commitment shall be issued by the Title Company as agent for Commonwealth Land Title Insurance Company. Purchaser shall have thirty (1030) days after the later of (i) receipt of the Commitment to examine the Commitment (the “Commitment Review Period”). The Commitment Review Period shall not extend later than the Due Diligence Period set forth in paragraph 7 herein. If the status of title (as set forth in Schedule B-2 of the Commitment) is objectionable to Purchaser (in the exercise of Purchaser’s reasonable judgment), Purchaser, prior to the Closing Dateexpiration of the Commitment Review Period, whichever is earlier, SELLER agrees shall provide written notice to deliver to BUYER Seller (with a title insurance commitment from a company authorized to insure titles in the state where the Property is located. Unless there is a defect in title copy to the Property that is not corrected prior to Title Company) setting forth Purchaser’s specific title objections (the Closing Date, BUYER may not object to untimely delivery of the title commitment. The title commitment shall commit to insure a marketable fee simple title in the BUYER upon the recording of the deed or other documents of conveyance. However, title to the Property shall be subject to the conditions in this Contract and to customary covenants, declarations, restrictions, zoning laws, easements, party wall agreements, special assessments, and community contracts of record as of the effective date of the title commitment. (“Permitted ExceptionsObjections”). BUYER Any matter which is disclosed in the Survey or in the Commitment, and to which Purchaser does not timely object, as well as real estate taxes for the year of Closing which are not yet due, shall be deemed a “Permitted Exception”. Seller shall have ten thirty (1030) days after Seller’s receipt of the title commitment Objections within which to notify SELLER in writing satisfy the Objections, and shall use good faith efforts to do so; provided, however, that Seller’s obligation to use good faith efforts hereunder shall not include the obligation to (i) pay money or provide any other consideration to a third party to which such third party is not entitled under the terms of existing written agreements between such third party and Seller, or (ii) violate the terms of any valid objections other agreement to title to the Property. SELLER shall then make which Seller or any affiliate of Seller is a good faith effort to rectify any objectionsparty. If any valid title objections cannot be rectified by SELLER before the Closing Date and BUYER Seller does not elect satisfy the Objections to waive Purchaser’s reasonable satisfaction within said 30-day period, Purchaser shall notify Seller within three (3) days after the objections expiration of said 30-day period that Purchaser has elected to (x) accept title as it then is and proceeding to Closing, or extend the Closing Date(y) terminate this Agreement. If Purchaser fails to so notify Seller within said three (3) day period, a reasonable time, not to exceed sixty (60) days, this Contract Purchaser shall be canceled deemed to have elected to terminate this Agreement. If Purchaser elects to terminate or is deemed to have elected to terminate this Agreement, neither Seller nor Purchaser shall have any further obligations or liabilities under this Agreement and the Xxxxxxx Money Deposit shall be immediately returned to BUYER. SELLER agrees to provide and pay for an owner’s title insurance policy in the amount of the Purchase Price insuring marketable fee simple title in BUYER, subject to the Permitted Exceptions and with the exception of any liens, encumbrances on other matters affecting title to the Property created by BUYER or arising by virtue of BUYER’S activities or ownership. Mechanic’s Lien Coverage. If the applicable box in Paragraph 11 is checked, the policy shall also insure BUYER, as of the date of recording of the deed or other document of conveyance, against any lien, or right to a lien, for services, labor or material imposed by law and not shown by the public records. SELLER agrees to execute all affidavits and indemnities required by the title company for issuance of this coveragePurchaser.