Common use of PRELIMINARY TITLE REPORT AND OBJECTIONS Clause in Contracts

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises to Buyer and Seller in the amount of the Purchase Price. The Report shall show the status of title to the Premises as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy. The cost of the Owner’s Policy shall be split equally by the Seller and Buyer; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer may, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined herein), either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately to Buyer and all documents deposited in escrow by Buyer shall be returned to Buyer without delay, or (ii) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether Seller intends to remove (or endorse over) any such exception and/or objectionable matter. Seller’s lack of response shall be deemed as Seller’s refusal to remove the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in Section 6(b) above.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver has prepared a current Preliminary Title Report (each, a “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (each, an “Owner’s Policy” and, collectively, the “Owner’s PolicyPolicies”) on the Premises for a purchaser to Buyer and Seller in the amount of the Purchase Pricebe designated. The Each Report shall show shows the status of title to the Premises applicable Property as of the date of the such Report and shall also describe the requirements of Escrow Agent for the issuance of the an Owner’s PolicyPolicy corresponding to such Property as described herein. The cost of the a standard Owner’s Policy corresponding to each of the Properties will be paid for by Seller; Buyer shall be split equally by the Seller and Buyer; provided, however, that any pay additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyerendorsements. In addition to the ReportReports, Escrow Agent shall simultaneously deliver to Buyer complete, legible has produced copies of all documents identified in Part Two of Schedule B of each Report (the Report“Title Exceptions”). Escrow Agent has incorporated ALTA/ACSM “as-built” surveys of the Properties (collectively, the “Surveys” and individually, a “Survey”) into the Reports. With respect to each Property, the Report relating to such Property, the Title Exceptions relating to such Report and the Survey relating to such Property are collectively referred to herein as the “Title Materials”. (b) If Buyer is dissatisfied with On a regular basis but in any exception to title as shown in the Report ( event before 7 pm Eastern Time September 8 (“Objectionable ReportReview Period”), then Buyer mayshall furnish Seller with a written statement of objections, if any, to title to every Property and the matters shown by giving the Survey for every Property (“Objections”). So long as one Seller has marketable, fee simple title to each Property, subject only to a mortgage which Seller will release at XXX, Buyer shall be deemed to have agreed to accept title subject to all matters reflected in any Report and any Title Update and to the state of facts shown on the Survey, other than Objections that have been timely given. However, in no event shall Buyer be deemed to have agreed to accept title subject to (i) monetary liens, encumbrances or security interests against the fee simple estate in any Property, (ii) encumbrances that have been voluntarily placed against any Property by Seller after the Effective Date without Buyer’s prior written notice thereof to Escrow Agent consent and Seller that will not otherwise be satisfied on or before expiration of the Study Period (as defined herein), either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately to Buyer and all documents deposited in escrow by Buyer shall be returned to Buyer without delayXXX, or (iiiii) provisionally accept exceptions that can be removed from the title to the Premises subject to Report by Seller’s agreementdelivery of a customary owner’s title affidavit or gap indemnity (all of the foregoing collectively referred to as the “Seller’s Required Removal Items”). All title matters and exceptions set forth in a Report and any Title Update and the state of facts shown on the Survey which, in each case, are not Objections, or which are thereafter deemed to be accepted or waived by Buyer as provided below, other than the Seller’s sole discretionRequired Removal Items, are hereafter referred to cause as the removal of any disapproved exceptions or objections, in which case Seller shall “Permitted Exceptions”. (at its sole costc) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to notifies Seller within the Review Period of its election Objections, then within five (5) days after the end of option (ii) abovethe Review Period, September 8, 2006, Seller or Escrow Agent shall notify Buyer in writing within (“Seller’s Title Response Notice”) of the Objections which Seller or Escrow Agent agrees to satisfy on or prior to XXX, at Seller’s sole cost and expense, and of the Objections that Seller cannot or will not satisfy. Failure by Seller to respond to Buyer by the expiration of said five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether Seller intends to remove (or endorse over) any such exception and/or objectionable matter. Seller’s lack of day response period shall be deemed as Seller’s refusal election not to remove cure the Objectionable Matters (Objections raised by Buyer. Notwithstanding the foregoing, Seller shall, in any event, be obligated to satisfy by XXX Seller’s Required Title Removal Items. If Seller chooses not to satisfy all or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration any of the Study PeriodObjections that Seller is not obligated to satisfy, (ii) Seller shall notify Buyer within the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date allowed five (5) days after Buyer’s receipt day period, then Buyer shall have the option on or before September 15, 2006 of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate terminating this Agreement as set forth in its entirety under Section 6(b7(c) above, or (ii) waive such objections. If written notice electing to consummate the purchase of either satisfaction the applicable Property or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6Properties, then in which case Buyer shall be deemed to have disapproved of waived such Objections and such Objections shall become “Permitted Exceptions” for all purposes. Failure by Buyer to respond to Seller on or before September 15, 2006 shall be deemed its election to waive the condition of the title of the Premises and applicable Objection(s), which shall have elected to terminate this Agreement as set forth in Section 6(b) abovebecome “Permitted Exceptions”.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (1000) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any Seller. Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Earnest Money Deposit plus interest shall be paid immediately returned to Buyer and togetxxx xxxh all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXCOE. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving xxceiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) COE. In the event the Report is amended (an “Amended Report”) to include new exceptions that thxx are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Earnest Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject txxxx xxbject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable MattersCOE, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Xxcrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Earnest Money Deposit plus interest shall be returned to Buyer and axx xxxxgations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy a standard Texas form of Owner Policy of Title Insurance (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally paid by the Seller and BuyerSeller; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey (defined below) (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined herein), either (i) terminate by 6:00 p.m. (PDST) twenty (20) days after the Opening of Escrow, or (ii) ten (10) days from Buyer’s receipt of the Report and the Survey, whichever is later, (a) cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, notify Seller in Seller’s sole discretion, to cause the removal writing of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXsuch Objectionable Matters. If Buyer gives notice to Seller of its election of option (ii) abovetimely has raised any Objectionable Matters, Seller shall notify Buyer in writing have the right (but not the obligation), to be exercised within five (5) business days after receiving of receipt of Buyer’s Objectionable Matters, to notify Buyer in writing that it intends to cure any such Objectionable Matters. Failure of Seller to deliver a written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether Seller to Buyer that it intends to remove cure any Objectionable Matters within such five (or endorse over5) any such exception and/or objectionable matter. Seller’s lack of response business day period shall be deemed as constitute Seller’s refusal to remove cure such matter(s). Buyer shall have five (5) business days from the earlier of receipt of notice from Seller regarding which Objectionable Matters that Seller will not cure or the expiration of the five (5) business day period described in the preceding sentence to either terminate this Agreement by written notice to Escrow Agent and Seller or waive the applicable Objectionable Matters. Failure of Buyer to deliver a written notice to Seller within such five (5) business day period that Buyer .is waiving the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior that Seller will not cure shall constitute Buyer’s election to XXXterminate this Agreement. (c) In the event that after the date of the Report is amended (an “Amended Report”) to include any new title matters or exceptions that are not set forth in the prior Report, which materially affect title toto the Property, or the use ofTitle Company issues any amendment or supplement to the Report evidencing any title matter or exception that was not previously revealed on the Report (or an amendment to an existing matter or exception that was not previously revealed in the Report) (as applicable, the Premisesa “Supplemental Title Exception”), then Buyer shall have until the later may give Seller and Escrow Agent written notice (“Supplemental Title Objection”) of (i) the expiration Buyer’s disapproval or conditional approval of the Study Period, (ii) any such Supplemental Title Exception on or prior to the date seven which is five (75) business days after Buyer’s receipt of both the applicable title documents evidencing the Supplemental Title Exception. Seller may elect to eliminate or cure any disapproved or conditionally approved matters relating to such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date Supplemental Title Exception by delivering written notice to Buyer within five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide applicable Supplemental Title Objection. Failure of Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves deliver a written notice to Buyer that Seller does not intend it intends to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails cure any Supplemental Title Objection(s) within such five (5) business day period shall constitute Seller’s refusal to timely respond to Buyer’s notice of Objectionable Matters, cure such matter(s). Buyer shall, within shall have five (5) business days after from the earlier of receipt of such notice from Seller (or, if regarding whether Seller fails intends to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after cure any Supplemental Title Objections or the expiration of Seller’s the five (5) business day response period) notify Seller and period described in the preceding sentence to either terminate this Agreement by written notice to Escrow Agent in writing and Seller or waive the applicable Supplemental Title Objections. Failure of Buyer to deliver a written notice to Seller within such five (5) business day period that Buyer is waiving the Supplemental Title Objections that Seller will not cure shall constitute Buyer’s election to terminate this Agreement. (d) If Seller has elected to cure any Objectionable Matter or Supplemental Title Objection, as the case may be, Seller shall thereupon commence to use commercially reasonable efforts to cure such matter, and shall have until the XXX to cure any Objectionable Matters, and a period of thirty (30) days to cure any Supplemental Title Objection, to Buyer’s reasonable satisfaction. In the event that Seller provides written notice stating Seller’s intention to cure any Objectionable Matter or any Supplemental Title Objections, as the case may be, and, if despite using commercially reasonable efforts, Seller is unable to cure such matter within the applicable time period provided in the preceding sentence, Seller shall not be liable therefor; provided, however, that Buyer shall have the right by providing written notice to Escrow Agent and Seller within three (3) business days after the scheduled XXX (or in the case of a Supplemental Title Objection, within three (3) business days after expiration of the thirty (30) day cure period) to either (ia) waive such Objectionable Matters (or Supplemental Title Objection, as applicable), or (b) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive Agreement. In the event that Buyer fails to provide such objections. If written notice of either satisfaction termination or dissatisfaction as waiver within the applicable time period, then Buyer ·shall be deemed to the Report have elected to terminate this Agreement. (e) If this Agreement is not timely given by Buyer to Seller terminated pursuant to this Section 6, then (i) the Deposit shall be returned to· Buyer by Escrow Agent without further instruction; (ii) Buyer shall deliver all documents received by Buyer from Seller to Seller; and (iii) the Escrow shall thereupon be deemed to have disapproved of the condition of the title of the Premises and cancelled, and, except as otherwise provided in this Agreement, neither party shall have elected any further obligation to terminate the other. (f) Notwithstanding anything to the contrary contained in this Agreement as set forth Agreement, Seller shall be obligated to satisfy at or prior to XXX, (i) any monetary liens, encumbrances or security interests voluntarily placed against Seller’s interest in Section 6(bthe Property, (ii) aboveencumbrances that have been voluntarily placed against the Property by Seller after the Effective Date without Buyer’s prior written consent and that will not otherwise be satisfied on or before the XXX, and (iii) exceptions that can be removed from the Report by Seller’s delivery of a customary owner’s title affidavit or gap indemnity.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally by the Seller and Buyer; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed in the Survey (as defined in Section 9 below) or by any of Seller’s Diligence Materials (as defined in Section 8 below) (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Seller and Escrow Agent and Seller on or before expiration of the Study Period (as defined herein), either below) (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, agreement to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters, in which case Seller shall (at its sole cost) remove or otherwise cure the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) Objectionable Matters before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection if Seller intends does not intend to remove (or cause the Escrow Agent to endorse overover to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal affirmative commitment to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate. In the event the Report is amended to include new exceptions that are not set forth in a prior Report, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date that is five (5) business days after Buyer’s receipt of the amended Report and complete, legible copies of the documents identified in the new exceptions or new requirements within which to cancel this Agreement and receive a refund of the Xxxxxxx Money Deposit or to provisionally accept the title subject to Seller’s agreement to cause the removal of or otherwise cure any disapproved exceptions or objections (also, “Objectionable Matters”). Seller shall notify Buyer in writing within five (5) days after receiving Buyer’s written notice of disapproval or objection if Seller does not intend to remove (or cause the Escrow Agent to endorse over to Buyer’s satisfaction) or otherwise cure any such additional Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s affirmative commitment to remove or otherwise cure the Objectionable Matters prior to XXX. If Seller serves notice to Buyer that Seller does not intend to remove or otherwise cure such Objectionable Matters before XXX, Buyer shall, within ten (10) days thereafter, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Buyer may waive such Objectionable Matters and the transaction shall close as scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date, or if Buyer otherwise receives notice that Seller has failed or refused to remove or otherwise cure the Objectionable Matters, Buyer shall, within ten (10) days of either said XXX date or its receipt of notice of such failure or inability, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) declare Seller to be in default under this Agreement and terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer, and all other obligations under this Agreement shall terminate, or (ii) waive such Objectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of such election is not timely given by Buyer pursuant to the foregoing sentence, then Buyer shall be deemed to have elected to terminate this Agreement as set forth in Section 6(b) abovesuch sentence.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report title commitment (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Report and the Owner’s Policy in the amount of the purchase price shall be split equally paid by the Seller and BuyerSeller; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, and Seller legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by any survey delivered to Buyer as part of Seller’s Diligence Materials (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow), either (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in at Seller’s sole discretionoption, to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters, in which case Seller shall (at its sole cost) remove or otherwise cure the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) Objectionable Matters before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection if Seller intends does not intend to remove (or cause the Escrow Agent to endorse overover to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal election not to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate. In the event the Report is amended to include new exceptions that are not set forth in a prior Report or in the event the Survey (as defined in Section 9 below) discloses any matters reasonably objectionable to Buyer that were not disclosed on a prior survey delivered by Seller to Buyer or otherwise discovered by or known to Buyer, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date that is five (5) business days after Buyer’s receipt of either (y) the amended Report and copies of the documents identified in the new exceptions or new requirements or (z) the Survey, as applicable, within which to cancel this Agreement and receive a refund of the Xxxxxxx Money Deposit or to provisionally accept the title subject to Seller’s agreement to cause the removal of or otherwise cure any disapproved exceptions or objections (also, “Objectionable Matters”). Seller shall notify Buyer in writing within five (5) days after receiving Buyer’s written notice of disapproval or objection if Seller does not intend to remove (or cause the Escrow Agent to endorse over to Buyer’s satisfaction) or otherwise cure any such additional Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s election not to remove or otherwise cure the Objectionable Matters prior to XXX. If Seller serves notice to Buyer that Seller does not intend to remove or otherwise cure such Objectionable Matters before XXX, or if Seller is deemed to have elected not to remove such Objectionable Matters, Buyer shall, within five (5) days thereafter, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Buyer may waive such Objectionable Matters and the transaction shall close as scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date, or if Buyer otherwise receives notice that Seller has failed or refused to remove or otherwise cure the Objectionable Matters, Buyer shall, within five (5) days after either said XXX date or its receipt of notice of such failure or inability, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer and all other obligations under this Agreement shall terminate, or (ii) waive such Objectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of such election is not timely given by Buyer pursuant to the foregoing sentence, then Buyer shall be deemed to have elected to terminate this Agreement as set forth in such sentence. If Buyer elects to terminate this Agreement pursuant to this Section 6(b) above6, it shall, upon the request of Seller, execute a quit claim deed of the Property to Seller, or execute such other documentation as reasonably requested by Seller to terminate this Agreement and transfer to Seller any equitable interest in the Property that Buyer may have by reason of this Agreement. The requirement to execute such documentation shall survive the expiration or sooner termination of this Agreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (1000) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The One half (1/2) the cost of the Owner’s 's Policy shall be split equally paid by Seller, and the Seller and remaining one half shall be paid by Buyer; provided, however, that as Buyer shall also pay any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Earnest Money Deposit plus interest shall be paid immediately returned to Buyer and togetxxx xxxh all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXCOE. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving xxceiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's decision not to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) COE. In the event the Report is amended (an “Amended Report”) to include new exceptions that thxx are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Earnest Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject txxxx xxbject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable MattersCOE, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Xxcrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Earnest Money Deposit plus interest shall be returned to Buyer and axx xxxxgations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled subject to the matters Buyer has waived objection to. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten fifteen (1015) business days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (each, an “Owner’s Policy” and, collectively, the “Owner’s PolicyPolicies”) on each of the Premises Properties to Buyer and Seller in the amount of the Purchase PriceSeller. The Each Report shall show the status of title to the Premises applicable Property as of the date of the such Report and shall also describe the requirements of Escrow Agent for the issuance of the an Owner’s PolicyPolicy corresponding to such Property as described herein. The cost of the a standard Owner’s Policy corresponding to each of the Properties will be paid for by Seller; Buyer shall be split equally by the Seller and Buyer; provided, however, that any pay additional costs for an extended coverage policy, policies and any endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid requested by Buyer. In addition to the ReportReports, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the each Report. (b) If Buyer is dissatisfied with any exception to title as shown in the any Report ( (each such Report, an “Objectionable Report”), then Buyer may, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow) or ten (10) days from Buyer’s receipt of such Objectionable Report, whichever is later (provided, however, Buyer shall have not less than ten (10) days from its receipt of the Survey (as defined in Section 9 below) corresponding to each Property to object to any matters disclosed on or by such Survey that were not previously disclosed by seller’s existing survey corresponding to such Property), either (i) terminate this AgreementAgreement with respect to the Property corresponding to such Objectionable Report (each such Property, whereupon the Xxxxxxx Money Deposit shall be paid immediately to Buyer and all documents deposited in escrow by Buyer shall be returned to Buyer without delaya “Removed Property”), or (ii) Buyer may provisionally accept the title to the Premises such Property corresponding to such Objectionable Report subject to Seller’s agreement, in Seller’s sole discretion, agreement to cause the removal of any disapproved exceptions or objectionsobjections at or prior to CXX, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXat or prior to CXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether Seller intends to remove (or endorse over) any such exception and/or objectionable matter. Seller’s lack of response shall be deemed as to be Seller’s refusal election not to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) at or prior to XXXCXX, in which event Buyer shall be deemed to have elected to terminate this Agreement as provided in subpart b (i) above, unless Buyer waives such objections within fifteen (15) days following Buyer’s delivery of such notice. (c) In the event the any Report is amended (each such Report, an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or Report corresponding to the use of, the Premisessame Property, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirementsrequirements (provided, or (iii) the date however, Buyer shall have not less than five (5) days after Buyer’s from its receipt of any Survey revised to reflect any such new exceptions to object to any matters disclosed on or by such revised Survey related to such new exceptions), within which to either (Y) terminate remove the Property corresponding to such Amended Report from this Agreement as set forth in Section 6(b) above (each, a “Removed Property”) or (Z) to provisionally accept the title to the Premises such Property corresponding to such Amended Report subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten as described in subsection (10b) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Surveyabove. (d) In the event Buyer provisionally accepts title to the Premises a Property corresponding to either an Objectionable Report and/or an Amended Report pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters such exceptions and/or objections from the an Objectionable Report and/or an Amended Report, as applicable, before XXX, CXX or fails if Seller is deemed to timely respond have elected not to Buyer’s notice of Objectionable Mattersremove such exceptions and/or objections as provided above, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (oror fifteen (15) days following Buyer’s delivery of notice as the case may be), if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement remove the Property corresponding to such Objectionable Report and/or such Amended Report as set forth in Section 6(b6(a) aboveabove (each, a “Removed Property”), or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the any Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property corresponding to each such Report, and shall have elected to terminate remove the Property corresponding to each such Report from this Agreement as set forth in Section 6(b6(a) aboveabove (each, a “Removed Property”). (e) The Purchase Price shall be reduced by the amount corresponding to the amount to be allocated to each Removed Property for title insurance purposes as set forth on Exhibit A attached hereto.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any Seller. Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition Rite Aid Alliance, OH to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five ten (510) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (1000) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split shared equally by the Seller Buyer and Buyer; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined herein), either below) (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Earnest Money Deposit plus interest CVS Alpharetta, GA shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXCOE. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving xxceiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s 's refusal to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) COE. In the event the Report is amended (an “Amended Report”) to include new exceptions that thxx are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Earnest Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject txxxx xxbject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable MattersCOE, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Xxcrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Earnest Money Deposit plus interest shall be returned to Buyer and axx xxxxgations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any . Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy also shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period Period, (as defined herein), either (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall may elect (at its sole cost) to remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s 's refusal to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide If Seller with an updated Survey reflecting shall refuse to remove any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after Buyer's receipt of such notice from Seller (or, if Seller fails to timely respond to Seller's notice of Objectionable Matters given by Buyerrefusal or deemed refusal, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the such Report and shall also describe the requirements of Escrow Agent for the issuance of the an Owner’s Policy's Policy as described herein. The cost of the a standard Owner’s 's Policy will be paid for by Seller; Buyer shall be split equally by the Seller and Buyer; provided, however, that any pay additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( “(an "Objectionable Report”"), then Buyer may, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow) or ten (10) days from Buyer's receipt of such Objectionable Report, whichever is later (provided, however, Buyer shall have not less than ten (10) days from its receipt of the Survey (as defined in Section 9 below) corresponding to the Property to object to any matters disclosed on or by such Survey that were not previously disclosed by seller's existing survey corresponding to the Property), either (i) terminate this Agreement and the Additional Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid returned immediately to Buyer and all documents deposited and, except as otherwise provided in escrow by Buyer this Agreement, neither of the Parties shall be returned to Buyer without delayhave any further liability or obligation under this Agreement, or (ii) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objectionsobjectionable matters. Seller shall be under no obligation to cause the removal of any such exceptions or matters, but in the event Seller agrees, in which case its sole discretion, to do so, Seller shall attempt (at its sole cost) to remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXthe Closing Date. If Seller agrees to attempt to cause the removal of such exceptions or matters but is unable to do so prior to the Closing Date, Buyer may proceed under option (i) above, or Buyer may waive such exceptions or objections. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matter. Seller’s 's lack of response shall be deemed as Seller’s refusal 's decision to not remove the Objectionable Matters objectionable matters and exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objectionable matters, if acceptable to Buyer) prior to XXXthe Closing Date. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirementsrequirements (provided, or (iii) the date however, Buyer shall have not less than five (5) days after Buyer’s from its receipt of any Survey revised to reflect any such new exceptions to object to any matters disclosed on or by such revised Survey related to such new exceptions), within which to either (Y) terminate this Agreement and the Additional Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as set forth otherwise provided in Section 6(b) above this Agreement, neither of the Parties shall have any further liability or obligation under this Agreement, or (Z) to provisionally accept the title to the Premises Property subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Unless Seller expressly agrees to attempt to cause the removal of such exceptions or objections, Seller shall be under no obligation to remove said exceptions or objections. If Buyer shallgives notice to Seller of its election of option (Z) above, Seller shall notify Buyer in writing within ten five (105) business days after receiving Buyer's written notice of receipt disapproval of the Amended Report, provide any exceptions or objectionable matters if Seller with an updated Survey reflecting does not intend to remove (or endorse over) any such new exceptionsexception and/or objectionable matter. Seller's lack of response shall be deemed as Seller's decision to not remove the objectionable matters and exceptions (or obtain title insurance endorsements over said exceptions and objectionable matters, provided if acceptable to Buyer) prior to the same are capable of being shown on the SurveyClosing Date. (d) In the event Buyer provisionally accepts title to the Premises Property pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice (or is deemed to have served notice) to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report such exceptions and/or Amended Report, as applicable, objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orSeller, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement and the Additional Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as set forth otherwise provided in Section 6(b) abovethis Agreement, neither of the Parties shall have any further liability or obligation under this Agreement, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property, and shall have elected to terminate this Agreement and the Additional Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as set forth otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation under this Agreement. (e) In the event of a termination of the Additional Agreement by Buyer pursuant to Section 6(b) above6 of the Additional Agreement, this Agreement shall be deemed to be terminated, whereupon the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as otherwise provided in this Agreement, neither of the Parties shall have any further liability or obligation under this Agreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and”), collectivelyissued by Fidelity National Title Insurance Company, acting through Virgin Islands Title and Trust Company (the “ReportsTitle Company”) ), for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally paid by the Seller and Buyer; provided. Further, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those any and all endorsements required to cure one or more Objectionable Matters by Buyer in its discretion (as defined herein), which endorsements shall be issued at Seller’s sole including the cost and expense), or of any lender’s title policy survey required for such endorsements) shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified as special exceptions in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer’s receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (objections at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice issues no notice, Buyer shall be deemed to Seller of its election of option (ii) above, have approved all exceptions. Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s lack of response shall be deemed as Seller’s refusal election not to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) at or prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. If Buyer shallissues no notice, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new Buyer shall be deemed to have approved all exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if . If Seller serves notice to Buyer that Seller does not intend to, or if Seller is deemed to have elected to not, remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections at or before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6issues no notice, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveapproved all exceptions.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any Seller. Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA a TLTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally paid by the Seller and BuyerSeller; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein)hereinafter defined) which Seller has agreed to cure, which endorsements shall be issued at Seller’s sole cost and expense), or and any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. . In connection with this Section 6, if Buyer has not received the Report within ten (b10) days after the Opening of Escrow, Buyer will be deemed to have received the Report on the eleventh (11th) day after the Opening of Escrow. If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Seller and Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow), either (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether Seller intends to remove (or endorse over) any such exception and/or objectionable matter. Seller’s lack of response shall be deemed as Seller’s refusal to remove the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters. Seller shall notify Buyer shall, in writing within ten seven (107) business days after receiving Buyer’s written notice of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) aboveObjectionable Matters, if Seller serves notice to Buyer that Seller does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such Objectionable Matters. Seller’s lack of response shall not be a breach of this Agreement, but shall be deemed as Seller’s election not to remove or otherwise cure the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before prior to XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate. In the event the Report is amended to include new exceptions that are not set forth in a prior Report, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date that is five (5) business days after Buyer’s receipt of the amended Report and copies of the documents identified in the new exceptions or new requirements, within which to cancel this Agreement and receive a refund of the Xxxxxxx Money Deposit or to provisionally accept the title subject to Seller’s agreement to cause the removal of or otherwise cure the Objectionable Matters. Seller shall notify Buyer in writing within seven (7) days after receiving Buyer’s written notice of disapproval or objection, if Seller does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such additional Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s election not to remove or otherwise cure the Objectionable Matters prior to XXX. If Seller serves notice to Buyer that Seller does not intend to remove or otherwise cure the Objectionable Matters before XXX, or Seller does not timely give such notice, Buyer shall, within seven (7) days thereafter, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) waive such Objectionable Matters and the transaction shall close as scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date, or if Buyer otherwise receives notice that Seller has failed or refused to remove or otherwise cure the Objectionable Matters which Seller has agreed to cure, Buyer shall, within seven (7) days of either said XXX date or its receipt of notice of such failure or inability, whichever is earlier, notify Seller and Escrow Agent in writing of Buyer’s election, as its sole and exclusive remedy, to either (i) declare Seller to be in default under this Agreement and terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer, Seller shall promptly reimburse Buyer for all reasonable out-of-pocket costs incurred by Buyer from and after the date that Seller agreed to cure such Objectionable Matters until the date of Seller’s default, such amount not to exceed the sum of $50,000.00 (provided, however, that the obligation to reimburse Buyer for its out-of-pocket costs shall only arise upon Seller’s receipt of reasonably satisfactory evidence of such costs) and all other obligations under this Agreement shall terminate, or (ii) waive such Objectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of such election is not timely given by Buyer pursuant to the foregoing sentence, then Buyer shall be deemed to have elected to terminate this Agreement as set forth in such sentence. The Parties hereby acknowledge and agree that Buyer’s remedies for a Seller default under this Section 6(b) above6 shall be governed by this Section 6 rather than by Section 20(a).

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “"Report” " and, collectively, the “"Reports”") for an ALTA extended coverage title insurance policy (each, an "Owner's Policy" and, collectively, the “"Owner’s Policy”'s Policies") on each of the Premises to Buyer and Seller in the amount of the Purchase PriceSeller. The Each Report shall show the status of title to the applicable Premises as of the date of the such Report and shall also describe the requirements of Escrow Agent for the issuance of the an Owner’s Policy's Policy corresponding to such Premises as described herein. The cost of a standard Owner's Policy corresponding to each of the Owner’s Policy Premises will be paid for by Seller; Buyer shall be split equally by the Seller and Buyer; provided, however, that any pay additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyerpolicies. In addition to the ReportReports, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the each Report. (b) If Buyer is dissatisfied with any exception to title as shown in the any Report ( “(each such Report, an "Objectionable Report”"), then Buyer may, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow) or ten (10) days from Buyer's receipt of such Objectionable Report, whichever is later (provided, however, Buyer shall have not less than ten (10) days from its receipt of the Survey (as defined in Section 9 below) corresponding to each of the Premises to object to any matters disclosed on or by such Survey that were not previously disclosed by seller's existing survey corresponding to such Premises), either (i) terminate this AgreementAgreement in its entirety, whereupon this Agreement shall be canceled as to all of the Premises and the Xxxxxxx Money Deposit plus interest shall be paid returned immediately to Buyer and all documents deposited and, except as otherwise provided in escrow by Buyer this Agreement, neither of the Parties shall be returned to Buyer without delayhave any further liability or obligation under this Agreement, or (ii) provisionally accept the title to the such Premises corresponding to such Objectionable Report subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matter. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) In the event the any Report is amended (each such Report, an “"Amended Report”") to include new exceptions that are not set forth in the prior Report, which materially affect title to, or Report corresponding to the use of, the same Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirementsrequirements (provided, or (iii) the date however, Buyer shall have not less than five (5) days after Buyer’s from its receipt of any Survey revised to reflect any such new exceptions to object to any matters disclosed on or by such revised Survey related to such new exceptions), within which to either (Y) terminate this Agreement in its entirety, whereupon this Agreement shall be canceled as set forth to all of the Premises and the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as otherwise provided in Section 6(b) above this Agreement, neither of the Parties shall have any further liability or obligation under this Agreement, or (Z) to provisionally accept the title to the such Premises corresponding to such Amended Report subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the a Premises corresponding to either an Objectionable Report and/or an Amended Report pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters such exceptions and/or objections from the an Objectionable Report and/or an Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orSeller, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement in its entirety, whereupon this Agreement shall be canceled as set forth to all of the Premises and the Xxxxxxx Money Deposit plus interest shall be returned immediately to Buyer and, except as otherwise provided in Section 6(b) abovethis Agreement, neither of the Parties shall have any further liability or obligation under this Agreement, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the any Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises corresponding to each such Report, and shall have elected to terminate remove the Premises corresponding to each such Report from this Agreement as set forth in Section 6(b) 6 terminate this agreement above.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) business days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “Report” and, collectively, the “Reports”) for an ALTA extended coverage coverage, or TLTA, as applicable, title insurance policy (each, an “Owner’s Policy” and, collectively, the “Owner’s PolicyPolicies”) on the Premises each Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Each Report shall show the status of title to the Premises applicable Property as of the date of the such Report and shall also describe the requirements of Escrow Agent for the issuance of the an Owner’s PolicyPolicy corresponding to such Property as described herein. The cost of the a standard Owner’s Policy corresponding to each Property shall be split equally paid by the Seller and BuyerSeller; provided, however, that any additional costs for an extended coverage policy, policy or any endorsements thereto (excluding, however, those endorsements required to cure one or more objectionable matters set forth in an Objectionable Matters Report (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy ) shall be paid by Buyer. In addition to the ReportReports, Escrow Agent shall simultaneously deliver to Buyer and Seller complete, legible copies of all documents identified in Part Two of Schedule B of the each Report. (b) If Buyer is dissatisfied with any exception to title as shown in the any Report ( (each such report, an “Objectionable Report”), then Buyer may, by giving written notice thereof to Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow) (provided, however, Buyer shall have not less than ten (10) days from its receipt of the Survey (as defined in Section 9 below) corresponding to each Property to object to any matters disclosed on or by such Survey that were not previously disclosed by Seller’s existing survey corresponding to such Property), either (i) terminate this AgreementAgreement in its entirety, whereupon the Xxxxxxx Money Deposit plus interest shall be paid returned immediately to Buyer and all documents deposited and, except as otherwise provided in escrow by Buyer this Agreement, neither of the Parties shall be returned to Buyer without delayhave any further liability or obligation under this Agreement, or (ii) provisionally accept the title to the Premises those Properties corresponding to such Objectionable Report subject to Seller’s agreement, in Seller’s sole discretion, agreement to use commercially reasonable efforts to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXobjectionable matters. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matter. Seller’s lack of response shall be deemed as Seller’s refusal election to not remove the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Mattersendorse over) prior to XXXany such exception and/or objectionable matter. (c) In the event the any Report is amended (each such Report, an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or Report corresponding to the use of, the Premisessame Property, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y1) terminate this Agreement in its entirety as set forth in Section 6(b6(b)(i) above or (Z2) to provisionally accept the title to the Premises Property subject to Seller’s agreement to use commercially reasonable efforts to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10objections as set forth in Section 6(b)(ii) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Surveyabove. (d) In the event Buyer provisionally accepts title to the Premises a Property corresponding to either an Objectionable Report and/or an Amended Report pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove such exceptions and/or objectionable matters from one or more Objectionable Reports and/or the Objectionable Matters from the Objectionable Report and/or Amended ReportReports, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five three (53) business days after receipt of such notice from Seller (orSeller, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement in its entirety as set forth in Section 6(b6(b)(i) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the any Report is not timely given by Buyer to Seller pursuant to this Section 6Seller, then Buyer shall be deemed to have disapproved accepted of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in Section 6(b) abovePremises.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any Seller. Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report and the Survey, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the standard ALTA portion of the Owner’s Policy shall be split equally paid by Seller with any extended coverage and lender’s title policy paid by the Seller and Buyer; , provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements Seller has agreed to cure, shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. . If Buyer is satisfied with title as shown in the Report, it shall provide Notice to Seller advising of Buyer’s approval of the Report (bi) on or before expiration of the Study Period (as defined below) or (ii) ten (10) days from Buyer’s receipt of the Report, whichever is later. If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined hereinbelow) or (ii) ten (10) days from Buyer’s receipt of the Report, whichever is later, (a) cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer together with all documents deposited in escrow by Buyer, or (b) provisionally accept the title subject to Seller’s agreement to cause the removal of or otherwise cure the Objectionable Matters, in which case Seller may (at its sole cost), either in its sole and absolute discretion, remove or otherwise cure the Objectionable Matters before XXX. If written notice of satisfaction is not timely given by Buyer to Seller pursuant to the first sentence of this Section 6 or provisionally accepted pursuant to (ib) above, then Buyer shall be deemed to have disapproved of the condition of the title of the Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and all documents deposited in escrow by Buyer other obligations under this Agreement shall be returned to Buyer without delay, or (ii) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXterminate. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection, if Seller intends does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal affirmative commitment not to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven that is five (75) business days after Buyer’s receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters. Seller shall notify Buyer shallin writing within five (5) days after receiving Buyer’s written notice of disapproval or objection, within ten if Seller does not intend to remove (10or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting or otherwise cure any such new exceptions, provided additional Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s affirmative commitment not to remove or otherwise cure the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title Objectionable Matters prior to the Premises pursuant to Sections 6(b) and/or 6(c) above, if XXX. If Seller serves notice to Buyer that Seller does not intend to remove or otherwise cure the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, XXX or otherwise fails to timely respond to Buyer’s notice of Objectionable Mattersdissatisfaction within the requisite time period, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Buyer may waive such Objectionable Matters and the transaction shall close as set forth scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date (as may be extended), the scheduled XXX date may be extended by Buyer for up to 10-days and Buyer shall, within such period, notify Seller and Escrow Agent in Section 6(bwriting of Buyer’s election to either (i) abovedeclare Seller to be in default under this Agreement and terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer, Seller shall promptly reimburse Buyer for all out-of-pocket costs not to exceed Fifty Thousand Dollars ($50,000.00) incurred by Buyer and all other obligations under this Agreement shall terminate, or (ii) waive such objectionsObjectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of either satisfaction or dissatisfaction as to the Report such election is not timely given by Buyer to Seller pursuant to this Section 6the foregoing sentence, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in Section 6(b) abovesuch sentence. Notwithstanding anything to the contrary contained in this Agreement, if after diligence and good faith efforts, Seller is unable to cure any Objectionable Matters that Seller agreed to cure and Seller has a reasonable belief that additional time will allow Seller to cure such Objectionable Matters, Seller may extend the Closing Date up to an additional 15-days to, in good faith, remove or otherwise cure the Objectionable Matters it has so agreed to remove or otherwise cure.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver deliver, at Buyer’s expense, a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally by the Seller and Buyer; provided, however, that any additional costs for an extended coverage policy, policy or endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. In the event there are Objectionable Matters (as hereinafter defined), Seller shall have the option, at its election, of attempting to cure such matters in good faith (within the time limits permitted herein) in lieu of procuring and/or purchasing endorsements to the Owner’s Policy. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey other than Permitted Exceptions as defined below (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer’s receipt of the Report, either whichever is later, (iA) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iiB) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretionat its election, to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters, in which case Seller shall (at its sole cost) remove or otherwise cure the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) Objectionable Matters before XXX, unless extended under Section 6(d)(ii) below. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection, if Seller intends does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. Seller shall not have any obligation to cure any Objectionable Matters or expend any sums in connection therewith, and Seller’s lack of response shall be deemed as Seller’s refusal to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in Section 6(b) above.shall

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (1000) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The One-half of the cost of the Owner’s 's Policy shall be split equally paid by Seller, one-half of the Seller cost of the Owner's Policy shall be paid by Buyer, and Buyer; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, and Seller legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Earnest Money Deposit plus interest shall be paid immediately returned to Buyer and togetxxx xxxh all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXXCOE. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving xxceiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s refusal 's affirmative commitment to remove the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections, if acceptable to Buyer) prior to XXX. (c) COE. In the event the Report is amended (an “Amended Report”) to include new exceptions that thxx are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Earnest Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject txxxx xxbject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable MattersCOE, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Xxcrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Earnest Money Deposit plus interest shall be returned to Buyer and axx xxxxgations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report and shall have elected to terminate this Agreement as set forth in Section 6(b) aboveAgreement.

PRELIMINARY TITLE REPORT AND OBJECTIONS. Within two (a) Within ten (102) days after the Opening of Escrow, Seller shall order from Escrow Agent shall deliver a current Preliminary Title Report (each, a “the "Report” and, collectively, the “Reports”") for an ALTA extended coverage title insurance policy (the “"Owner’s 's Policy”") on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s Policy's Policy as described herein. The cost of standard coverage under the Owner’s 's Policy shall be split equally paid by the Seller and Buyer; provided, however, that any Seller. Any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required by Buyer (specifically excluding all endorsements obtained by Seller to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost title matters objectionable to Buyer) and expense), or any lender’s title policy additional costs for extended coverage under the Owner's Policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( “Objectionable Report”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer's receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit plus interest shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, 's agreement to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s 's written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether exception, if Seller intends does not intend to remove (or endorse over) any such exception and/or objectionable matterobjection. Seller’s 's lack of response shall be deemed as Seller’s 's refusal to remove any of the Objectionable Matters objectionable exceptions (or obtain title insurance endorsements over the Objectionable Matterssaid exceptions and objections) prior to XXX. (c) . In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, or (ii) the date seven (7) days after Buyer’s 's receipt of both such Amended the amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit plus interest or (Z) to provisionally accept the title to the Premises subject to Seller’s 's agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, such exceptions and objections before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s 's election to either (i) terminate this Agreement as set forth in Section 6(b) aboveAgreement, whereupon the Xxxxxxx Money Deposit plus interest shall be returned to Buyer and all obligations shall terminate, or (ii) Buyer may waive such objectionsobjections and the transaction shall close as scheduled. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section Article 6, then Buyer shall be deemed to have disapproved approved of the condition of the title of the Premises and shall have elected to terminate this Agreement Property as set forth in Section 6(b) aboveshown by the Report.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the standard Owner’s Policy shall be split equally paid by the Seller and BuyerSeller; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined herein), which endorsements shall be issued at Seller’s sole cost and expense)thereto, or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by any survey delivered to Buyer as part of Seller’s Diligence Materials (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Seller and Escrow Agent and Seller on or before expiration of the Study Period (as defined hereinbelow), either (i) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (ii) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, to cause the removal of any disapproved exceptions or objections, in which case Seller shall (at its sole cost) remove the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) before XXX. If Buyer gives provide written notice to Seller of its election any such Objectionable Matters. Seller shall have the right, but not the obligation, to cure any such Objectionable Matters, provided that Seller shall have the obligation to pay and satisfy any mortgage, deed of option (ii) abovetrust, or other monetary lien affecting the Property which arises from the act of Seller. Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection if Seller intends does not intend to remove (or cause the Escrow Agent to endorse overover to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. If Seller shall not respond within such 5-day period, Seller’s lack of response shall be deemed as Seller’s refusal to remove the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer confirmation that Seller does not intend to remove cure the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before prior to XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate. In the event the Report is amended by the Escrow Agent subsequent to the expiration of the Study Period to include new exceptions that are not set forth in a prior Report, Buyer shall have until the date that is five (5) days after Buyer’s receipt of the amended Report and copies of the documents identified in the new exceptions or new requirements within which to cancel this Agreement and receive a refund of the Xxxxxxx Money Deposit or to provide written notice to Seller of any such Objectionable Matters. Seller shall have the right, but not the obligation, to cure any such Objectionable Matters, provided that Seller shall have the obligation to pay and satisfy any mortgage, deed of trust, or other monetary lien affecting the Property which arises from the act of Seller. Seller shall notify Buyer in writing within two (2) business days after receiving Buyer’s written notice of disapproval or objection if Seller does not intend to remove (or cause the Escrow Agent to endorse over to Buyer’s satisfaction) or otherwise cure any such Objectionable Matters. If Seller shall not respond within such 2-day period, Seller’s lack of response shall be deemed as confirmation that Seller does not intend to cure the Objectionable Matters prior to XXX. If Seller does not agree to remove or otherwise cure any such Objectionable Matters which Seller has agreed to cure before XXX, Buyer shall, within two (2) business days thereafter, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Buyer may waive such Objectionable Matters and the transaction shall close as scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date, or if Buyer otherwise receives notice that Seller has failed or refused to remove or otherwise cure the Objectionable Matters after having agreed to do so, Buyer shall, within ten (10) days of either said XXX date or its receipt of notice of such failure or inability, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) declare Seller to be in default under this Agreement and terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer, Seller shall promptly reimburse Buyer for all reasonable and actual out-of-pocket costs incurred by Buyer after the date Seller evidenced its agreement to cure such Objectionable Matters and all other obligations under this Agreement shall terminate, or (ii) waive such Objectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of such election is not timely given by Buyer pursuant to the foregoing sentence, then Buyer shall be deemed to have elected to terminate this Agreement as set forth in Section 6(b) abovesuch sentence.

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally by the Seller and Buyer; provided, however, that any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements shall be issued at Seller’s sole cost and expense), or any lender’s title policy shall be paid by Buyer. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, legible copies of all documents identified in Part Two of Schedule B of the Report. (b) If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Escrow Agent and to Seller (i) on or before expiration of the Study Period (as defined herein)below) or (ii) ten (10) days from Buyer’s receipt of the Report, either whichever is later, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, agreement to cause the removal of any disapproved exceptions or objectionsotherwise use commercially reasonable efforts to cure the Objectionable Matters, in which case Seller shall (at its sole costcost up Xxxxx Xxxxxxxx Xxxxxxxxxx, XX 0000-0000-0000.4 to the Cap, as hereinafter defined) remove or otherwise cure the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) Objectionable Matters before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) whether objection, if Seller intends does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise use commercially reasonable efforts to cure any such exception and/or objectionable matterObjectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal affirmative denial of its commitment to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. If written notice of dissatisfaction is not timely given by Buyer to Seller pursuant to this Section 6(b), then Buyer shall be deemed to have disapproved of the condition of the title of the Property as shown by the Report, and shall have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate. (c) In the event the Report is later amended (each such amended Report, an “Amended Report”) to include new exceptions that are not set forth in the a prior Report, which materially affect title toor in the event any Survey is amended (each such Survey, an “Amended Survey”) to include or depict matters that are not set forth in the use of, the Premisesprior Survey, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date that is seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five seven (57) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions the Amended Survey, as applicable, within which to either (Y) terminate cancel this Agreement as set forth in Section 6(b) above and receive a refund of the Xxxxxxx Money Deposit allocable to the applicable Property or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objectionsotherwise use commercially reasonable efforts to cure the Objectionable Matters. Seller shall notify Buyer shall, in writing within ten five (105) business days after receiving Buyer’s written notice of receipt disapproval or objection, if Seller does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such additional Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s affirmative denial of its commitment to remove or otherwise cure the Objectionable Matters prior to XXX. If written notice of either satisfaction or dissatisfaction is not timely given by Buyer to Seller pursuant to this Section 6(c), then Buyer shall be deemed to have disapproved of the condition of the title of the Property as shown by the Amended Report or disapproved of the Amended ReportSurvey, provide and shall have elected to terminate this Agreement as to the Phase II Property, whereupon the Xxxxxxx Money Deposit allocable to the Phase II Property shall be returned to Buyer and all other obligations under this Agreement with respect to the Phase II Property shall terminate. Notwithstanding the foregoing, in no event shall Buyer have the right to cancel this Agreement as set forth above if Seller with has agreed to cause the removal of or cure an updated Survey reflecting any Objectionable Matter pursuant to the foregoing provisions. If Seller has agreed to cause the removal of or cure an Objectionable Matter and fails to do so by XXX, such new exceptions, provided the same are capable of being shown on the Surveyfailure shall be a default by Seller hereunder. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if If Seller serves notice to Buyer that Seller does not intend to remove or otherwise cure any of the Objectionable Matters from before XXX as to either the Objectionable Report and/or Amended Report, Phase I Property or the Phase II Property (or if Seller is deemed to have affirmatively denied committing to remove or otherwise curing any of the Objection Matters as applicable, before XXX, to either the Phase I Property or fails to timely respond to Buyer’s notice of Objectionable Mattersthe Phase II Property), Buyer shall, within five ten (510) business days after receipt of such notice from Seller (orthereafter, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Xxxxx Xxxxxxxx Xxxxxxxxxx, XX 0000-0000-0000.4 Buyer may waive such Objectionable Matters and the transaction shall close as set forth scheduled. As aforesaid, upon any termination of this Agreement as to the Phase I Property, the remainder of this Agreement shall, notwithstanding any other provision to the contrary, automatically terminate. If Seller agrees to remove or otherwise cure the Objectionable Matters but fails or is unable to do so by the scheduled XXX date after using commercially reasonable efforts to do so, or if Buyer otherwise receives notice that Seller has failed or refused to remove or otherwise cure the Objectionable Matters after using commercially reasonable efforts to do so, Buyer shall, within ten (10) days after either said XXX date or its receipt of notice of such failure or inability, notify Seller and Escrow Agent in Section 6(bwriting of Buyer’s election to either (i) aboveterminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to the Buyer, Seller shall promptly reimburse Buyer for all out-of-pocket costs and properly documented (including, without limitation, reasonable attorneys’ fees and costs) incurred by Buyer from after the date Buyer delivered its notice of the Objectionable Matters up to an amount equal to $100,000.00 and all other obligations under this Agreement shall terminate (except such provisions which are expressly provided for herein to survive any such termination), or (ii) waive such objectionsObjectionable Matters whereupon the transaction shall close five (5) business days after Buyer notifies Seller of such election. If written notice of either satisfaction or dissatisfaction as to the Report such election is not timely given by Buyer to Seller pursuant to this Section 6the foregoing sentence, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises and shall have elected to terminate this Agreement as set forth in such sentence. In no event shall Seller’s use of “commercially reasonable efforts” under this Section 6(b) above6 require Seller to expend more than $50,000, exclusive of voluntary monetary liens created or placed on the Property by or on behalf of Seller; provided that such limitation shall not apply to encumbrances or security interests against Seller and/or the Property, and encumbrances that have been voluntarily placed against the Property by Seller after the Effective Date without Buyer’s prior written consent (sometimes herein referred to as the “Cap”).

PRELIMINARY TITLE REPORT AND OBJECTIONS. (a) Within ten (10) days after the Opening of Escrow, Escrow Agent shall deliver a current Preliminary Title Report (each, a the “Report” and, collectively, the “Reports”) for an ALTA extended coverage title insurance policy (the “Owner’s Policy”) on the Premises Property to Buyer and Seller in the amount of the Purchase PriceSeller. The Report shall show the status of title to the Premises Property as of the date of the Report and shall also describe the requirements of Escrow Agent for the issuance of the Owner’s PolicyPolicy as described herein. The cost of the Owner’s Policy shall be split equally paid by the Seller and Buyer; provided, however, that Buyer including any additional costs for an extended coverage policy, endorsements thereto (excluding, however, those any endorsements required to cure one or more Objectionable Matters (as defined hereinhereinafter defined), which endorsements endorsements, if any, shall be issued at Seller’s sole cost and expense), or and Buyer shall pay all costs for any lender’s title policy shall be paid by Buyerpolicy. In addition to the Report, Escrow Agent shall simultaneously deliver to Buyer complete, and Seller legible copies of all documents identified in Part Two of Schedule B of the Report. (b) . If Buyer is dissatisfied with any exception to title as shown in the Report ( and/or any matter disclosed by the Survey, (collectively, the “Objectionable ReportMatters”), then Buyer maymay either, by giving written notice thereof to Seller and Escrow Agent and Seller on or before the earlier to occur of (i) the expiration of the Study Period (as defined herein)below) or (ii) ten (10) days after Buyer’s receipt of the Report and the Survey, either whichever is earlier, (ia) terminate cancel this Agreement, whereupon the Xxxxxxx Money Deposit shall be paid immediately returned to Buyer and together with all documents deposited in escrow by Buyer shall be returned to Buyer without delayBuyer, or (iib) provisionally accept the title to the Premises subject to Seller’s agreement, in Seller’s sole discretion, agreement to cause the removal of any disapproved exceptions or objectionsotherwise cure the Objectionable Matters identified by Buyer in a written notice to Seller, in which case Seller shall (at its sole cost) may, remove or otherwise cure the exceptions or objections (or, if acceptable to Buyer, obtain title insurance endorsements over the exceptions and objections) Objectionable Matters before XXX. If Buyer gives notice to Seller of its election of option (ii) above, Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval of any exceptions or objectionable matters (“Objectionable Matters”) objection, whether Seller intends does or does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such exception and/or objectionable matterObjectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal to commit to remove or otherwise cure the Objectionable Matters (or obtain title insurance endorsements over the Objectionable Matters) prior to XXX. (c) In the event the Report is amended (an “Amended Report”) to include new exceptions that are not set forth in the prior Report, which materially affect title to, or the use of, the Premises, Buyer shall have until the later of (i) the expiration of the Study Period, (ii) the date seven (7) days after Buyer’s receipt of both such Amended Report and copies of the documents identified in the new exceptions or new requirements, or (iii) the date five (5) days after Buyer’s receipt of any Survey revised to reflect any such new exceptions within which to either (Y) terminate this Agreement as set forth in Section 6(b) above or (Z) to provisionally accept the title to the Premises subject to Seller’s agreement to cause the removal of any disapproved exceptions or objections. Buyer shall, within ten (10) business days of receipt of the Amended Report, provide Seller with an updated Survey reflecting any such new exceptions, provided the same are capable of being shown on the Survey. (d) In the event Buyer provisionally accepts title to the Premises pursuant to Sections 6(b) and/or 6(c) above, if Seller serves notice to Buyer that Seller does not intend to remove the Objectionable Matters from the Objectionable Report and/or Amended Report, as applicable, before XXX, or fails to timely respond to Buyer’s notice of Objectionable Matters, Buyer shall, within five (5) business days after receipt of such notice from Seller (or, if Seller fails to timely respond to notice of Objectionable Matters given by Buyer, within five (5) business days after the expiration of Seller’s five (5) business day response period) notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement as set forth in Section 6(b) above, or (ii) waive such objections. If written notice of either satisfaction or dissatisfaction as to the Report is not timely given by Buyer to Seller pursuant to this Section 6, then Buyer shall be deemed to have disapproved of the condition of the title of the Premises Property as shown by the Report, and shall be deemed to have elected to terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement as shall terminate. In the event the Report is amended to include new exceptions that are not set forth in Section 6(ba prior Report, Buyer shall have until the later of (i) abovethe expiration of the Study Period, or (ii) the date that is five (5) business days after Buyer’s receipt of the amended Report and copies of the documents identified in the new exceptions or new requirements, within which to cancel this Agreement and receive a refund of the Xxxxxxx Money Deposit or to provisionally accept the title subject to Seller’s agreement to cause the removal of or otherwise cure the new Objectionable Matters. Seller shall notify Buyer in writing within five (5) business days after receiving Buyer’s written notice of disapproval or objection, whether Seller does or does not intend to remove (or cause the Escrow Agent to endorse over, to Buyer’s satisfaction) or otherwise cure any such Objectionable Matters. Seller’s lack of response shall be deemed as Seller’s refusal to commit to remove or otherwise cure the Objectionable Matters prior to XXX. If Seller serves, or is deemed to have served, notice to Buyer that Seller does not intend to remove or otherwise cure the Objectionable Matters before XXX, Buyer shall, on or prior to five (5) business days after receipt, or deemed receipt, of such notice from Seller, notify Seller and Escrow Agent in writing of Buyer’s election to either (i) terminate this Agreement, whereupon the Xxxxxxx Money Deposit shall be returned to Buyer and all other obligations under this Agreement shall terminate, or (ii) Buyer may waive such Objectionable Matters and the transaction shall close as scheduled. If Seller agrees to remove or otherwise cure the Objectionable Matters it will do so by the scheduled XXX date.