Common use of Title/Survey Clause in Contracts

Title/Survey. Seller shall furnish good, marketable and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable title shall be satisfied. Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment and policy without standard exceptions.

Title/Survey. Seller The Collateral Agent shall furnish good, marketable and insurable have received title insurance policies with respect to the each Real Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Asset from Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the another title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior reasonably acceptable to the expiration Collateral Agent and real property surveys with respect to the Real Property Assets, all in form and substance reasonably satisfactory to the Collateral Agent. (n) Order; Plan of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptionsReorganization. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept The Confirmation Order shall have been entered in accordance with the Property with such defects or exceptionsBankruptcy Code, terminate this Agreementthe Federal Rules of Bankruptcy Procedure, and receive a refund any applicable orders of the deposit(s) made by Buyer hereunder together with Bankruptcy Court and any interest accrued thereon; or applicable local rules and the provisions relating to the Facilities contained therein shall be reasonably satisfactory to the Administrative Agent, (ii) accepting the Property with Confirmation Order shall be in full force and effect, shall not, without the consent of the Agents (such defects and exceptionsconsent not to be unreasonably withheld, in the event they can conditioned or delayed), have been reversed or modified or be cured prior subject to stay or a motion to stay, (iii) all conditions to the Close of Escrow. Upon approval by Buyer effectiveness of the title shown in Plan of Reorganization shall have been satisfied or waived (the title commitment, as provided herein, and waiver thereof (other than the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount waiver of the Purchase Price naming Buyer as condition that the insured and as owner of fee simple title Confirmation Order shall have become a Final Order), if materially adverse to the PropertyLenders, subject only to those exceptions having been approved by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable title shall be satisfied. Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller the Administrative Agent (which approval shall not be responsible for unreasonably withheld, conditioned or delayed)) and the Consummation of the Plan of Reorganization shall occur on the Closing Date contemporaneously with the making of the initial Loans hereunder, and (iv) the pro forma capital and ownership structure shall be substantially as described in the Joint Plan of Reorganization of the Borrower and its domestic Subsidiaries filed with the Bankruptcy Court on April 25, 2007 and such plan shall not have been amended in any additional survey costs other than manner materially adverse to the survey already provided including any requirement by Lenders without the Title Company for an ALTA survey to issue consent of the title commitment and policy without standard exceptionsAdministrative Agent (which consent shall not be unreasonably withheld, conditioned or delayed).

Title/Survey. Seller (a) Simultaneously with its execution of this Lease, Landlord shall furnish goodto Tenant copies of all title evidence that Landlord has in its possession. Tenant, marketable and insurable at its expense, may obtain a title insurance commitment (the "TITLE COMMITMENT"), having an effective date subsequent to the Property at closing. “Insurable” as used herein is defined Effective Date, issued by a reputable title insurance company reasonably acceptable to mean Tenant's counsel in the amount designated by Tenant committing the title which is insurable by Lawyers insurer to issue a Leasehold Title Insurance CorporationsPolicy in favor of Tenant ("TITLE POLICY") covering the Premises upon the recording of the Memorandum of Lease, c/o Sxxxxx Xxxxxxxxfree and clear of all liens, 1000 Xxxxxxxx Xxxxxencumbrances, Xxxxx 000and exceptions whatsoever, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof Tenant prior to the expiration of the twenty (20) day period; and Seller Inspection Period. If Tenant shall have fifteen (15) calendar days after receipt of Buyer’s notice in which any objection with respect to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund status of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting title, Tenant shall notify Landlord of such objections within the Property with such defects and exceptions, in Inspection Period. In the event they can the Title Commitment or Survey shall reflect any requirement to be cured prior to the Close of Escrow. Upon approval by Buyer of the satisfied or any condition which shall render title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish other than good, marketable and insurable title or which shall impair Tenant's prospective desired use(s) for the Premises, Landlord shall be satisfiedrequired to exercise diligent efforts to satisfy and/or cure same promptly (including the institution of all necessary suits and proceedings); and if Landlord is unable after the exercise of diligent efforts, as aforesaid, to satisfy and/or cure such requirement or title condition or objection prior to the expiration of the Inspection Period, so as to fully correct any and all of such matters, then, at Tenant's option, the parties hereto shall be relieved of any further liability arising out of or with respect to this Lease, or Tenant, at Tenant's option, may waive such condition. Seller has provided a survey identified above as Job No. 332-B dated June 10Notwithstanding anything contained in this Section 5.3, 2005 prepared by Boulder Design Services LLC and Seller Tenant shall not be responsible for permitted to object to any additional survey costs other than of the survey already provided including any requirement Schedule B-2 exceptions contained in that certain Leasehold Owner's Policy No. 10 0764 108 00000001, issued by Chicago Title Insurance Company, with an effective date of November 6, 1997 (except the Title Company for an ALTA survey leases referenced therein, which Landlord represents to issue Tenant either no longer exist or do not affect the title commitment and policy without standard exceptionsPremises).

Title/Survey. Seller shall furnish good, marketable and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”a) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated Within fifteen (15) Business Days after the date of this Agreement (the “Title Review Period”), Purchaser, at Purchaser’s expense, may obtain (i) one or more irrevocable title commitments for title insurance (collectively, the “Title Commitment”) covering the Owned Real Properties, including all beneficial easements, issued by the Title Company, for the issuance of an owner’s policy of title insurance for each Owned Real Property, which policy shall be in the customary form prescribed by the applicable State Board of Insurance, in an amount and accompanied with any endorsements, modifications or additional title insurance coverage reasonably requested by Purchaser, and (ii) one or more boundary or “as built” ALTA/ACSM surveys of the Owned Real Properties prepared by a licensed land surveyor chosen by Purchaser (collectively, the “Survey”; and, together with the Title Commitment, the “Title Evidence”), and deliver the Title Evidence and copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and in the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order Commitment to remove the standard title exceptions Purchaser and to issue the title commitment and subsequent title policy without standard exceptionsSeller Parties. Seller Purchaser shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior to until the expiration of the twenty Title Review Period to examine such Title Evidence as it deems necessary or convenient and notify Seller Parties of any matters disclosed in the Title Evidence which are not acceptable to Purchaser (20each a “Defect” and collectively, the “Defects”). In the event Purchaser fails to give Seller Parties timely written notice of the Defects, Purchaser shall be deemed to have waived any right to object to the Title Evidence and to have accepted title “as is”, and all matters appearing in the Title Evidence (or that would have appeared in the Title Evidence had Purchaser obtained same) day period; and shall be deemed to be a part of the Permitted Liens, except as provided herein. Seller shall have fifteen no obligation to cure any Defects; provided, however, regardless of whether written notice is given to Seller Parties by Purchaser, Seller Parties shall be obligated to (15i) calendar days after satisfy any and all customary Title Commitments requirements relating to such Seller Parties’ existence, authority and good standing, (ii) to pay the real estate taxes subject to pro-ration for the year of Closing; (iii) discharge any liens or judgments or other matters which are curable by the payment of a liquidated monetary sum of money (without resort to litigation) (including any and all Liens securing the Indebtedness) (collectively, the “Mandatory Exceptions”) prior to or at the Closing in a manner acceptable to the title company and the Purchaser. As to any Defects (except the Mandatory Exceptions which Seller Parties shall cure as set forth herein), Seller Parties shall have five (5) Business Days from receipt of BuyerPurchaser’s timely notice of Defects in which to correct elect either to (A) notify Purchaser that it intends to cure the identified Defects, in which event Seller Parties shall have sixty (60) days to accomplish such cure (the “Cure Period”) and Closing may be postponed during such period; or delete all such defects or exceptions(B) notify Purchaser that Seller Parties elect not to cure the identified Defects. If In the event Seller shall Parties fail to correct such defects or exceptions deliver a response within such periodfive (5) Business Days after receipt from Purchaser of notice of a Defect, then Buyer Seller Parties shall be deemed to have elected not to cure said Defect. Purchaser shall have an additional fifteen five (155) calendar days thereafter Business Days from receipt of Seller Parties’ notice of its election not to either: cure Defects or from the date that Seller Parties are deemed to have elected not to cure Defects in the event of Seller Parties non-response, in which to elect either (iX) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (iiY) accepting the Property to require Seller Parties to deliver title in its then existing condition (with such defects and exceptions, no reduction in the event they can Transaction Consideration) and to proceed to Closing notwithstanding the Defects raised by Purchaser (which Defects shall be cured prior deemed to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitmentbe Permitted Liens), as provided herein, and the delivery yet still subject to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish goodcure the Mandatory Exceptions. If Purchaser fails to make an election within such five-day period, marketable and insurable title Purchaser shall be satisfied. Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than deemed to have elected to proceed pursuant to clause (Y) of the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment and policy without standard exceptionsforegoing sentence.

Title/Survey. Seller 4.1. Purchaser shall furnish good, marketable and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of order a title preliminary commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners Form B owner's title insurance policy Form 1992 (without standard or regional exceptionsthe "Title Commitment") in the amount of the Purchase Price naming Buyer as Price, from a title company licensed to transact business in the insured and as owner State of fee simple title New Jersey (the "Title Company"), with respect to the Property. The Title Commitment shall identify the Property by the legal description set forth in the Survey, subject only to those exceptions approved as hereinafter defined, provided that if the Survey has not been prepared at the time the Title Commitment is ordered, by Buyera preliminary legal description. When the exact legal description of the Property is determined, Seller’s obligation hereunder to furnish good, marketable and insurable title the Title Commitment shall be satisfiedrevised to include only said legal description. On or prior to the expiration of the Review Period, Purchaser may notify Seller in writing of any objection Purchaser may have to any exceptions reported in the title report or matter shown on the survey for the Property. Seller has provided shall notify Purchaser, in writing within ten (10) business days after receipt of Purchaser's notice, whether Seller intends to remove or insure over any exception to which Purchaser objects, or whether Seller is unwilling or unable to do so. Any exception that Seller does not agree to remove or insure over shall be a permitted exception unless Purchaser repeats its objection within seven (7) days after receipt of Seller's response, and notifies Seller that Purchaser desires to terminate this Agreement. If, prior to Closing, Seller is unable to remove any unpermitted exceptions to title or survey identified above as Job No. 332-B dated June 10matters previously objected to, 2005 prepared by Boulder Design Services LLC after using reasonable efforts to do so, and Seller Purchaser is unwilling to take title subject thereto, then Purchaser may terminate this Agreement, and each party shall not be responsible for any additional survey costs other than the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment released from all duties and policy without standard exceptionsobligations contained herein.

Title/Survey. Seller shall furnish good, marketable and insurable title 4.1.1.1 If not already delivered prior to the Property at closing. “Insurable” as used herein is defined Agreement Date, within five (5) business days after the Agreement Date, Seller will cause to mean be issued and delivered to Buyer a preliminary title which is insurable report for the Property, together with all documents evidencing exceptions to title referred to therein issued by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereofcollectively, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”"Title Report"). Buyer shall then have twenty a period of twenty-five (2025) calendar days after the Agreement Date to either approve of any ALTA Survey (whether received from Seller or contracted for by Buyer at Buyer's sole cost and expense) and the exceptions (if any) contained in the Title Report, or to notify Seller in writing, specifying any exceptions to which Buyer objects in either the ALTA Survey or the Title Report ("Title Objection Notice"). Seller shall have a period of three (3) business days after Seller's receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which Title Objection Notice (a) render to remove, or agree to remove prior to the title not marketable Closing, some or insurable all of those exceptions to which Buyer has objected in the Title Objection Notice, and to inform Buyer of the same, or (b) render to advise Buyer, in writing, that Seller will not agree to remove some or all of those exceptions to which Buyer has objected in the Property unsuitable for Title Objection Notice; the Intended Use foregoing election by Seller being at Seller's sole option and discretion (hereinafter defined"Title Response Notice"), Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller fails to timely deliver to Buyer the Title Response Notice, it shall fail be conclusively deemed that Seller has elected not to correct such defects remove any of those exceptions to which Buyer has objected as specified in the Title Objection Notice. If Seller advises Buyer in its Title Response Notice that it will not remove or agree to remove some or all of those exceptions within such periodto which Buyer has objected in the Title Objection Notice (or Seller is deemed to have so advised Buyer), then Buyer shall have an additional fifteen until 5:00 p.m. (15Pacific Time) calendar days thereafter on the Approval Date to either: (i) decline advise Seller, in writing, whether Buyer elects to accept waive such objections and proceed with the acquisition of the Property with such defects or exceptions, to terminate this Agreement, and receive . Failure by Seller to remove those specified exceptions which Seller has expressly agreed to remove in either this Agreement or in the Title Response Notice within the specified period shall be deemed to be a refund failure of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptionsthis condition, in which event the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided hereinAgreement shall terminate, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 Deposits (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only extent made) shall be returned to those exceptions approved by Buyer, Seller’s obligation and the parties shall have no further obligations hereunder except for the Buyer's Surviving Obligations unless Buyer withdraws its objections in writing. Notwithstanding the foregoing, on or prior to furnish good, marketable and insurable title Closing Seller shall remove or cause to be satisfied. removed those certain monetary liens or encumbrances affecting the Property which Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs created or expressly permitted to exist other than the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment current taxes and policy without standard exceptionsassessments.

Title/Survey. Seller shall furnish goodNo later than three (3) days following the Effective Date, marketable Buyer shall, at Seller's sole cost and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporationsexpense, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment order from the Title Company dated after Insurer (as defined hereinbelow) the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company following: (a) a commitment for an ALTA survey in order to remove Owner's Title Insurance Policy (the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10"Title Commitment") days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined)Property, Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with legible copies of any interest accrued thereon; or and all title exception documents referenced therein, issued by Chicago Title Insurance Company (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions"Title Insurer") in the amount of the Purchase Price naming Buyer as of the insured and Property on or after the date hereof, showing Seller as owner of the Property in fee simple title to the Propertysimple, subject only to those the title exceptions approved or deemed approved by BuyerPurchaser pursuant to this Paragraph 5 or Paragraph 6 below (each a "Permitted Exception"), and other exceptions pertaining to liens or encumbrances of a definite or ascertainable amount (which, in the aggregate, do not exceed that portion of the Purchase Price payable to Seller on the Closing Date) which may be removed by the payment of money at closing and which Seller shall so remove, and providing for full extended coverage over all general title exceptions contained in such Policy and the following special endorsements(collectively, the "Special Title Endorsements"): Zoning Endorsement 3.1 (amended to include parking), owner's comprehensive, access, survey (legal description equivalency), separate tax parcel, contiguity (if applicable), waiver of creditor's rights, environmental protection lien, encroachment (if applicable), utility facility, subdivision, location, deletion of the arbitration provision, and any other endorsements required by Purchaser; and (b) Seller’s obligation hereunder 's existing survey relating to furnish goodthe Property (the "Survey"). Not less than five (5) days prior to the expiration of the Inspection Period, marketable Purchaser may deliver to Seller a notice (the "Title and insurable title Survey Notice") identifying any matters contained in or disclosed by any of the Title Commitment and/or the Survey that are not acceptable to Purchaser in its sole and absolute discretion (each, a "Title/Survey Objection", and collectively, the "Title/Survey Objections"). Purchaser's failure to deliver the Title and Survey Notice as aforesaid shall be satisfieddeemed Purchaser's approval and acceptance of the Title Commitment and the Survey, and all matters shown and referenced thereon and therein shall be deemed Permitted Exceptions. Seller has provided a survey identified above as Job No. 332-B dated June 10Additionally, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for Purchaser's failure to object to any additional survey costs other than the survey already provided including any requirement matters disclosed by the Title Company for Commitment and/or the Survey in a Title and Survey Notice shall be deemed Purchaser's acceptance of such matters, and such matters shall be deemed Permitted Exceptions. If Purchaser shall deliver the Title and Survey Notice to Seller as aforesaid, Seller shall, within five (5) days after receipt of the same, notify Purchaser, with respect to each Title/Survey Objection, whether Seller intends to either (a) cause the Title/Survey Objection to be removed, (b) have the Title Insurer issue a title endorsement insuring against damage and loss caused by any Title/Survey Objection (which STORE NO. 2872R endorsement shall be subject to the review and approval of Purchaser), or (c) take no further action regarding such Title/Survey Objection in which event, subject to the immediately following sentence, such Title/Survey Objection shall become a Permitted Exception. Notwithstanding the foregoing, Seller shall, at its expense, remove (or cause to be removed) or cause the Title Insurer to insure over any Title/Survey Objection appearing on the Title Commitment that is any of the following: (1) judgments against Seller, and/or (2) mortgages or monetary liens, defects, obligations or exceptions of a definite and ascertainable amount that can be satisfied solely by the payment of money (items (1) and (2) above to be hereinafter referred to collectively as "Monetary Exceptions"). If Seller elects, or is deemed to have elected, item (c) above, then Purchaser shall have the right, by delivering notice to Seller within three (3) business days after the expiration of the aforementioned five (5) day period to either (i) terminate this Agreement in which event the Xxxxxxx Money (and any interest earned thereon) shall be immediately returned to Purchaser and thereupon neither Seller nor Purchaser shall have any further rights, duties or obligations under this Agreement, or (ii) waive its objection and accept title to the Property subject to such Title/Survey Objections, in which event this Agreement shall remain in full force and effect. Seller's failure to notify Purchaser within the aforementioned five (5) day period of which foregoing course of action Seller elects to take with respect to a Title/Survey Objection shall be deemed Seller's election of item (c) above. With respect to any Title/Survey Objection that Seller has elected or is deemed to have elected not to take any further action, Purchaser's failure to terminate this Agreement on or before the expiration of the aforementioned three (3) business day period as aforesaid shall be deemed Purchaser's waiver of its objection as provided in (ii) above. If the Title Commitment discloses judgments, bankruptcies or other matters against other persons having names the same as or similar to that of Seller, Seller, on the Title Insurer's request, shall deliver to the Title Insurer affidavits or other evidence reasonably acceptable to the Title Insurer showing and/or confirming that such judgments, bankruptcies or other matters are not against Seller, or any affiliates. Notwithstanding anything in this Section or Agreement to the contrary, Seller may elect to not pay off any mechanic's or materialman's lien filed against the Property in connection with the construction provided Seller bonds any such lien to the reasonable satisfaction of Purchaser and the Title Insurer and further provided that the Title Insurer issues, at Seller's cost, an ALTA survey endorsement to issue Purchaser's final Owner's Title Policy to be issued pursuant to Section 10(c) below insuring against any loss or damage arising on account of such lien. Seller shall have one (1) year from the title commitment Closing Date to finalize and policy without standard exceptionscause the release of any mechanic's or materialman's lien filed against the Property in connection with Seller's work to construct, complete and/or to perform warranty work on the Improvements pursuant to Section 15(3) below. This provision shall survive the Closing.

Title/Survey. No later than October 24, 2003, Seller shall furnish good, marketable and insurable title deliver or cause to be delivered to Purchaser an as-built survey of the Property at closing. “Insurable” as used herein is defined to mean title which is insurable prepared by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 a surveyor licensed in the State of Oklahoma (the “Title Company”"Survey") at its standard rates without standard exceptions except for those exceptionscertified to Purchaser, Purchaser's lender, if any, approved the Title Insurer and such other parties as Purchaser shall designate in writing to Seller prior to delivery of the Survey, and prepared in accordance with the Accuracy Standards and Minimum Standard Detail Requirements for ALTA-ACSM Land Title Surveys as adopted by Buyer the American Land Title Association, the American Congress on Surveying and Mapping and the National Society of Professional Surveyors in 1999, and prepared in accordance with the items set forth in the Surveyor's Certificate and other requirements attached hereto as EXHIBIT "F" and made a part hereof. Seller shall be responsible to pay for the costs of the Survey up to a total cost of $1,000. Purchaser shall pay the costs of the Survey in excess of $1,000. Notwithstanding the foregoing, if the cost of the Survey is expected to exceed the amount that Seller is obligated to pay, then, prior to ordering the same, Seller shall obtain Purchaser's prior approval of the cost thereof. Any and all references contained in this Agreement to the "Survey" and the "As-Built Survey" shall mean and refer to the Survey. No later than three (3) days after receipt of a title commitment the Effective Date, Purchaser shall, at Seller's sole cost and expense, order from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company Insurer (as defined hereinbelow) a commitment for an ALTA survey in order to remove Owner's Title Insurance Policy (the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10"Title Commitment") days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined)Property, Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with legible copies of any interest accrued thereon; or and all title exception documents referenced therein, issued by Chicago Title Insurance Company (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions"Title Insurer") in the amount of the Purchase Price naming Buyer as of the insured and Property, showing Seller as owner of the Property in fee simple title to the Propertysimple, subject only to those the title exceptions approved or deemed approved by BuyerPurchaser pursuant to this Paragraph 5 (each a "PERMITTED EXCEPTION"), Seller’s obligation hereunder and other exceptions pertaining to furnish goodliens or encumbrances of a definite or ascertainable amount (which, marketable in the aggregate, do not exceed that portion of the Purchase Price payable to Seller on the Closing Date) which may be removed by the payment of money at closing and insurable which Seller shall so remove, and providing for full extended coverage over all general title exceptions contained in such Title Commitment and the following special endorsements (collectively, the "SPECIAL TITLE ENDORSEMENTS"): Zoning Endorsement 3.1 (amended to include parking), owner's comprehensive, access, survey (legal description equivalency), separate tax parcel, contiguity (if applicable), waiver of creditor's rights, environmental protection lien, encroachment (if applicable), utility facility, subdivision, location, deletion of the arbitration provision, and any other endorsements required by Purchaser. No later than ten (10) days after Purchaser's receipt of all of the Title Commitment, legible copies of all documents referenced in the Title Commitment and the Survey, Purchaser may deliver to Seller a notice (the "TITLE AND SURVEY NOTICE") identifying any matters contained in or disclosed by any of the Title Commitment and/or the Survey that are not acceptable to Purchaser in its sole and absolute discretion (each, a "TITLE/SURVEY OBJECTION", and collectively, the "TITLE/SURVEY OBJECTIONS"). Any and all references in this Agreement (a) to the "New Title and Survey Notice" and the "Title and Survey Notice" shall mean and refer to the Title and Survey Notice, and (b) to a "Title/Survey Objection(s)" and/or "New Title/Survey Objection(s)" shall mean and refer to the Title/Survey Objection(s). Purchaser's failure to deliver the Title and Survey Notice as aforesaid shall be satisfieddeemed Purchaser's approval and acceptance of the Title Commitment and the Survey, and all matters shown and referenced thereon and therein shall be deemed Permitted Exceptions. Seller has provided a survey identified above as Job No. 332-B dated June 10Additionally, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for Purchaser's failure to object to any additional survey costs other than the survey already provided including any requirement matters disclosed by the Title Company Commitment and/or the Survey in a Title and Survey Notice shall be deemed Purchaser's acceptance of such matters, and such matters shall be deemed Permitted Exceptions. If Purchaser shall deliver the Title and Survey Notice to Seller as aforesaid, Seller shall, within five (5) days after receipt of the same, notify Purchaser, with respect to each Title/Survey Objection, whether Seller intends to either (a) cause the Title/Survey Objection to be removed, (b) have the Title Insurer issue a title endorsement insuring against damage and loss caused by any Title/Survey Objection (which endorsement shall be subject to the review and approval of Purchaser), or (c) take no further action regarding such Title/Survey Objection in which event, subject to the immediately following sentence, such Title/Survey Objection shall become a Permitted Exception. Notwithstanding the foregoing, Seller shall, at its expense, remove (or cause to be removed) or cause the Title Insurer to insure over any Title/Survey Objection appearing on the Title Commitment that is any of the following: (1) judgments against Seller, and/or (2) mortgages or monetary liens, defects, obligations or exceptions of a definite and ascertainable amount that can be satisfied solely by the payment of money (items (1) and (2) above to be hereinafter referred to collectively as "MONETARY EXCEPTIONS"). If Seller elects, or is deemed to have elected, item (c) above, then Purchaser shall have the right, by delivering notice to Seller within three (3) business days after the expiration of the aforementioned five (5) day period to either (i) terminate this Agreement in which event the Xxxxxxx Money (and any interest earned thereon) shall be immediately returned to Purchaser and thereupon neither Seller nor Purchaser shall have any further rights, duties or obligations under this Agreement, or (ii) waive its objection and accept title to the Property subject to such Title/Survey Objections, in which event this Agreement shall remain in full force and effect. Seller's failure to notify Purchaser within the aforementioned five (5) day period of which foregoing course of action Seller elects to take with respect to a Title/Survey Objection shall be deemed Seller's election of item (c) above. With respect to any Title/Survey Objection that Seller has elected or is deemed to have elected not to take any further action, Purchaser's failure to terminate this Agreement on or before the expiration of the aforementioned three (3) business day period as aforesaid shall be deemed Purchaser's waiver of its objection as provided in (ii) above. If the Title Commitment discloses judgments, bankruptcies or other matters against other persons having names the same as or similar to that of Seller, Seller, on the Title Insurer's request, shall deliver to the Title Insurer affidavits or other evidence reasonably acceptable to the Title Insurer showing and/or confirming that such judgments, bankruptcies or other matters are not against Seller, or any affiliates. If Seller has elected or, with respect to Monetary Exception is required, to cure any Title/Survey Objection as provided above (whether by removal of, or obtaining title insurance over, the same), but failed to cure any such matters prior to the Closing Date, then Purchaser, and without waiving any rights of Purchaser for a Seller default under this Agreement, may elect to either (i) terminate this Agreement in which event the Xxxxxxx Money shall be immediately returned to Purchaser and thereupon neither Seller nor Purchaser shall have any further rights, duties or obligations under this Agreement, (ii) waive its objection and accept the Property subject to such Title/Survey Objection, in which event this Agreement shall remain in full force and effect; provided, however, that if the Title/Survey Objection is a Monetary Exception, then Purchaser shall have the right to deduct from the Purchase Price the amount of such Monetary Exception, and any amount so deducted from the Purchase Price shall be paid to the appropriate party in exchange for the removal of such Monetary Exceptions; or (iii) xxx Seller for specific performance. Notwithstanding anything in this Section or Agreement to the contrary, Seller may elect to not pay off any mechanic's or materialman's lien filed against the Property in connection with the construction provided Seller bonds any such lien to the reasonable satisfaction of Purchaser and the Title Insurer and further provided that the Title Insurer issues, at Seller's cost, an ALTA survey endorsement to issue Purchaser's final Owner's Title Policy to be issued pursuant to Section 10(c) below insuring against any loss or damage arising on account of such lien. Seller shall have one (1) year from the title commitment Closing Date to finalize and policy without standard exceptionscause the release of any mechanic's or materialman's lien filed against the Property in connection with Seller's work to construct, complete and/or to perform warranty work on the Improvements pursuant to Section 15(3) below. This provision shall survive the Closing."

Title/Survey. Seller shall furnish goodNo later than three (3) days following the Effective Date, marketable Buyer shall, at Seller's sole cost and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporationsexpense, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment order from the Title Company dated after Insurer (as defined hereinbelow) the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company following: (a) a commitment for an ALTA survey in order to remove Owner's Title Insurance Policy (the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10"Title Commitment") days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined)Property, Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with legible copies of any interest accrued thereon; or and all title exception documents referenced therein, issued by Chicago Title Insurance Company (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions"Title Insurer") in the amount of the Purchase Price naming Buyer as of the insured and Property on or after the date hereof, showing Seller as owner of the Property in fee simple title to the Propertysimple, subject only to those the title exceptions approved or deemed approved by BuyerPurchaser pursuant to this Paragraph 5 or Paragraph 6 below (each a "Permitted Exception"), and other exceptions pertaining to liens or encumbrances of a definite or ascertainable amount (which, in the aggregate, do not exceed that portion of the Purchase Price payable to Seller on the Closing Date) which may be removed by the payment of money at closing and which Seller shall so remove, and providing for full extended coverage over all general title exceptions contained in such Policy and the following special endorsements (collectively, the "Special Title Endorsements"): Zoning Endorsement 3.1 (amended to include parking), owner's comprehensive, access, survey (legal description equivalency), separate tax parcel, contiguity (if applicable), waiver of creditor's rights, environmental protection lien, encroachment (if applicable), utility facility, subdivision, location, deletion of the arbitration provision, and any other endorsements required by Purchaser; and (b) Seller’s obligation hereunder 's existing survey relating to furnish goodthe Property (the "Survey"). Not less than five (5) days prior to the expiration of the Inspection Period, marketable Purchaser may deliver to Seller a notice (the "Title and insurable title Survey Notice") identifying any matters contained in or disclosed by any of the Title Commitment and/or the Survey that are not acceptable to Purchaser in its sole and absolute discretion (each, a "Title/Survey Objection", and collectively, the "Title/Survey Objections"). Purchaser's failure to deliver the Title and Survey Notice as aforesaid shall be satisfieddeemed Purchaser's approval and acceptance of the Title Commitment and the Survey, and all matters shown and referenced thereon and therein shall be deemed Permitted Exceptions. Seller has provided a survey identified above as Job No. 332-B dated June 10Additionally, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for Purchaser's failure to object to any additional survey costs other than the survey already provided including any requirement matters disclosed by the Title Company for Commitment and/or the Survey in a Title and Survey Notice shall be deemed Purchaser's acceptance of such matters, and such matters shall be deemed Permitted Exceptions. If Purchaser shall deliver the Title and Survey Notice to Seller as aforesaid, Seller shall, within five (5) days after receipt of the same, notify Purchaser, with respect to each Title/Survey Objection, whether Seller intends to either (a) cause the Title/Survey Objection to be removed, (b) have the Title Insurer issue a title endorsement insuring against damage and loss caused by any Title/Survey Objection (which endorsement shall be subject to the review and approval of Purchaser), or (c) take no further action regarding such Title/Survey Objection in which event, subject to the immediately following sentence, such Title/Survey Objection shall become a Permitted Exception. Notwithstanding the foregoing, STORE NO. 2630 Seller shall, at its expense, remove (or cause to be removed) or cause the Title Insurer to insure over any Title/Survey Objection appearing on the Title Commitment that is any of the following: (1) judgments against Seller, and/or (2) mortgages or monetary liens, defects, obligations or exceptions of a definite and ascertainable amount that can be satisfied solely by the payment of money (items (1) and (2) above to be hereinafter referred to collectively as "Monetary Exceptions"). If Seller elects, or is deemed to have elected, item (c) above, then Purchaser shall have the right, by delivering notice to Seller within three (3) business days after the expiration of the aforementioned five (5) day period to either (i) terminate this Agreement in which event the Xxxxxxx Money (and any interest earned thereon) shall be immediately returned to Purchaser and thereupon neither Seller nor Purchaser shall have any further rights, duties or obligations under this Agreement, or (ii) waive its objection and accept title to the Property subject to such Title/Survey Objections, in which event this Agreement shall remain in full force and effect. Seller's failure to notify Purchaser within the aforementioned five (5) day period of which foregoing course of action Seller elects to take with respect to a Title/Survey Objection shall be deemed Seller's election of item (c) above. With respect to any Title/Survey Objection that Seller has elected or is deemed to have elected not to take any further action, Purchaser's failure to terminate this Agreement on or before the expiration of the aforementioned three (3) business day period as aforesaid shall be deemed Purchaser's waiver of its objection as provided in (ii) above. If the Title Commitment discloses judgments, bankruptcies or other matters against other persons having names the same as or similar to that of Seller, Seller, on the Title Insurer's request, shall deliver to the Title Insurer affidavits or other evidence reasonably acceptable to the Title Insurer showing and/or confirming that such judgments, bankruptcies or other matters are not against Seller, or any affiliates. Notwithstanding anything in this Section or Agreement to the contrary, Seller may elect to not pay off any mechanic's or materialman's lien filed against the Property in connection with the construction provided Seller bonds any such lien to the reasonable satisfaction of Purchaser and the Title Insurer and further provided that the Title Insurer issues, at Seller's cost, an ALTA survey endorsement to issue Purchaser's final Owner's Title Policy to be issued pursuant to Section 10(c) below insuring against any loss or damage arising on account of such lien. Seller shall have one (1) year from the title commitment Closing Date to finalize and policy without standard exceptionscause the release of any mechanic's or materialman's lien filed against the Property in connection with Seller's work to construct, complete and/or to perform warranty work on the Improvements pursuant to Section 15(3) below. This provision shall survive the Closing.

Title/Survey. a) Seller shall furnish good, marketable and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment has ordered from the Title Company dated after commitments (each, a “Commitment” and collectively, the date of this Agreement and accompanied by copies of all documents referred “Commitments”) to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for issue an ALTA survey Owner’s Policy of Title Insurance in order amounts equal to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten Allocable Purchase Price for each Constituent Property (10) days hereofeach, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (a “Seller DocumentsTitle Policy”). Buyer shall then have twenty the right to order and obtain, at its expense, a new survey or an update of Seller’s existing survey, if any, of each Constituent Property (20) calendar days after receipt each, a “Survey” and collectively, the “Surveys”). Seller has provided Buyer with copies of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof its existing Surveys prior to the expiration of Effective Date. In the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which event Buyer desires to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such periodobtain a Survey, then Buyer shall have an additional fifteen order same no later than five (155) calendar days thereafter after the Effective Date and shall deliver a copy of the Survey to either: Seller promptly upon receipt from the surveyor. The Survey shall be certified to Seller, Buyer, any lender of Buyer, and the Title Company. The Survey shall be in form and substance sufficient to delete the standard survey exception from each Title Policy. On or before the Closing Date, Seller shall execute and deliver to the Title Company (i) decline an affidavit to accept delete the Property with such defects or exceptionsstandard preprinted exception for mechanic’s liens from each Title Policy, terminate this Agreementsubstantially in the form of Exhibit “F” (the “Title Affidavit”), and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting a non-imputation affidavit in such from as the Property Title Company requires to provide Buyer with such defects and exceptionsa non-imputation endorsement to its Title Policy, substantially in the event they form of Exhibit “J” (the “Non-Imputation Affidavit”). It shall be a condition precedent to Buyer’s obligation to purchase the Membership Interests that the Title Company can be cured prior to and will, on the Close of Escrow. Upon approval by Buyer of Closing Date, issue each Title Policy in accordance with the title shown in the title commitment, as provided herein, applicable Commitment and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable title shall be satisfied. Seller has provided a survey identified above the Permitted Exceptions (as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment and policy without standard exceptionshereinafter defined).

Title/Survey. (a) As evidence of title, Seller shall furnish goodto Purchaser, marketable and insurable title as soon as reasonably possible, but in any event, at least three (3) business days prior to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporationsend of the Due Diligence Period, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title insurance commitment from issued by the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as and committing the insured and as owner of Title Company to insure Purchaser's fee simple title to the Propertypremises, without standard exceptions to the extent the same can be deleted with the survey hereinafter provided or a Seller affidavit, subject only to those exceptions approved Permitted Exceptions (as defined below), and including a parking endorsement, access endorsement, completed structure zoning endorsement and such other title insurance endorsements as are reasonably requested by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable Purchaser. The title insurance commitment shall be satisfiedaccompanied by legible copies of any instruments of record or other instruments concerning title as reflected in the title insurance commitment. Purchaser shall have five (5) business days after receipt of the title insurance commitment, legible copies of the recorded instruments and the survey referred to below in order to examine title to the Premises and notify Seller has provided a survey identified above as Job Noin writing of Purchaser's disapproval of any matter shown on the title insurance commitment. 332-B dated June 10Upon notice from Purchaser of its disapproval of any matter shown on the title commitment, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than have until the survey already provided including any requirement by day immediately preceding the closing Date within which to cure or eliminate such matters or, if Purchaser, in the exercise of its sole discretion agrees, to obtain title insurance from the Title Company for an ALTA survey that insures against such defects to Purchaser's sole satisfaction. If Seller is unable to cure or eliminate such matters, or to obtain title insurance that insures against such defects to Purchaser's sole satisfaction, Purchaser shall have the right to elect to either of the following as its sole remedy (i) waive in writing such defects, accept title subject to such encumbrances and exceptions and proceed to closing, in which case, the amount of any lien or monetary claim which can be removed with the payment of monies shall, at Purchaser's option, be deducted from the Purchase Price, or (ii) terminate this Agreement and receive a full refund of the Xxxxxxx Money Deposit. Concurrently with the Closing, Seller shall cause the Title Company to issue to Purchaser the Title Company's ALTA Owner's title insurance policy issued pursuant to the title commitment, including the special endorsements required pursuant to this Agreement. Seller shall bear the cost of the title policy, excluding the special endorsements; however, if the transaction contemplated by this Agreement fails to close for any reason other than as a result of a default by Seller under this Agreement, each of Seller and Purchaser shall bear 50% of the cancellation costs associated with the title commitment to be provided pursuant to this Agreement. Notwithstanding the above, the full cost of any lender's title insurance policy required or requested by Purchaser or its secured lender, and any special endorsements requested by the Purchaser in the ALTA Owner's title insurance policy without standard exceptionsshall be paid for exclusively by the Purchaser. Any encumbrance on title to which Purchaser does not object to as provided above or that Purchaser waives in writing as provided above shall be deemed to be a "Permitted Exception" pursuant to Section 5.2 of this Agreement.

Title/Survey. Buyer acknowledges that Seller shall furnish good, marketable and insurable has delivered to the Buyer a the Title Commitment issued by the Title Company for the issuance of an ALTA Form B Owner's Title Insurance Policy (1992) (the "Title Policy") insuring fee simple title to the Property at closing. “Insurable” real property owned by the Seller and part of the Acquired Assets, all as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 more particularly described in Schedule 1 hereto (the “"Real Property"). The Title Company”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and Commitment was accompanied by copies of all instruments and documents referred to therein and the survey of record referenced below which locates all easements and other existing improvementstherein. Buyer shall be responsible for any additional survey workacknowledges that Seller, or at Seller's sole cost and expense, has delivered to re-certify Buyer an Urban ALTA/ASCM Land Title Survey (the survey Survey") certified to the Buyer and the Title CompanyCompany meeting accuracy standards jointly adopted by the American Land Title Association and the American Congress on Surveying and Mapping and incorporating the following Table A-Optional Survey Responsibilities and Specifications": Items 1,2,3,4 (as to gross land area), if desired 6, 7, 8, 9, 10, 11 and 13. All exceptions listed in the Title Commitment or revealed on the Survey are approved by Buyer including any requirement and shall therefore be considered "Permitted Exceptions" for purposes of this Agreement. It shall be a condition to Buyer's obligation to proceed with the Closing that, when issued to Buyer at Closing or in accordance with escrow arrangements, the Title Policy shall include full extended coverage over all general exceptions and the Required Endorsements; provided however, Buyer represents and warrants to Seller that the Buyer has confirmed that (i) all Required Endorsements are available in the State of Oregon and, (ii) the Buyer is ready, willing and able to satisfy all requirements of the title company for an ALTA survey Title Company in order to remove obtain such Required Endorsements. Buyer shall have the standard title exceptions option to request, at Buyer's sole cost and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10) days hereof, the title commitment referenced aboveexpense, that certain survey identified the Title Company agree to provide coverage against matters relating to federal bankruptcy, state insolvency or similar creditors' rights laws, and the following endorsements: an ALTA 3.1 zoning endorsement (with parking) and contiguity endorsement (the "Required Endorsements") and such other endorsements as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 Buyer may request (“Seller Documents”the "Additional Endorsements"). Buyer shall then have twenty (20) calendar days after receipt the option to request, at Buyer's sole cost and expense, that the Title Company reinsure portions of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined), Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable title shall be satisfied. Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than the survey already provided including any requirement risk covered by the Title Company Policy with reinsurance companies reasonably satisfactory to Buyer under standard reinsurance agreements providing, at a minimum, for an ALTA survey direct access and enforcement of rights by the insured party to issue and against the title commitment and policy without standard exceptionsreinsurer. Except for the issuance of the Required Endorsements at the Closing or pursuant to escrow arrangements, none of the matters described in this paragraph shall be conditions to Buyer's obligations to close the transactions contemplated by this Agreement.

Title/Survey. Seller shall furnish goodNo later than three (3) days following the Effective Date, marketable and insurable title to the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance CorporationsPurchaser shall, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title Company”) at its standard rates without standard exceptions except for those exceptionssole cost and expense, if anyorder the following: (a) the As-Built Survey, approved in writing by Buyer after receipt of as hereinafter defined, and (b) a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements. Buyer shall be responsible for any additional survey work, or to re-certify the survey to Buyer and the Title Company, if desired by Buyer including any requirement of the title company Insurer (as defined hereinbelow) for an ALTA survey in order to remove Owner's Title Insurance Policy (the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within ten (10"Title Commitment") days hereof, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty (20) calendar days after receipt of the Seller Documents in which to examine same. If Buyer finds any defects or exceptions to Seller Documents which (a) render the title not marketable or insurable or (b) render the Property unsuitable for the Intended Use (hereinafter defined)Property, Seller shall be furnished with a written statement thereof prior to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with legible copies of any interest accrued thereon; or and all title exception documents referenced therein, issued by Chicago Title Insurance Company (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions"Title Insurer") in the amount of the Purchase Price naming Buyer as of the insured and Property on or after the date hereof, showing Seller as owner of the Property in fee simple title to the Propertysimple, subject only to those the title exceptions approved or deemed approved by BuyerPurchaser pursuant to this Paragraph 5 or Paragraph 6 below (each a "PERMITTED EXCEPTION"), Seller’s obligation hereunder and other exceptions pertaining to furnish goodliens or encumbrances of a definite or ascertainable amount (which, marketable in the aggregate, do not exceed that portion of the Purchase Price payable to Seller on the Closing Date) which may be removed by the payment of money at closing and insurable which Seller shall so remove (excluding, however, liens for any special assessments or taxes not yet due and payable), and providing for full extended coverage over all general title shall be satisfiedexceptions contained in such Policy and the following special endorsements (collectively, the "SPECIAL TITLE Blytheville, AR ENDORSEMENTS"): Zoning Endorsement 3.1 (amended to include parking), owner's comprehensive, access, survey (legal description equivalency), separate tax parcel, contiguity (if applicable), waiver of creditor's rights, environmental protection lien, encroachment (if applicable), utility facility, subdivision, location, deletion of the arbitration provision, and any other endorsements required by Purchaser. Seller has provided Purchaser with its existing survey (the "Survey") of the Property and its existing title insurance policy ("Existing Title Policy") insuring Seller's interest in the Property, Prior to the expiration of the Additional Inspection Period, Purchaser may deliver to Seller a survey identified above notice (the "TITLE AND SURVEY NOTICE") identifying any matters contained in or disclosed by any of the Title Policy, Title Commitment and/or the Survey and As-Built Survey that are not acceptable to Purchaser in its sole and absolute discretion (each, a "TITLE/SURVEY OBJECTION", and collectively, the "TITLE/SURVEY OBJECTIONS"). Purchaser's failure to deliver the Title and Survey Notice as Job Noaforesaid shall be deemed Purchaser's approval and acceptance of the Title Commitment and the Survey, and all matters shown and referenced thereon and therein shall be deemed Permitted Exceptions. 332-B dated June 10Additionally, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for Purchaser's failure to object to any additional survey costs other than the survey already provided including any requirement matters disclosed by the Title Company for Commitment and/or the Survey in a Title and Survey Notice shall be deemed Purchaser's acceptance of such matters, and such matters shall be deemed Permitted Exceptions. If Purchaser shall deliver the Title and Survey Notice to Seller as aforesaid, Seller shall, within five (5) days after receipt of the same, notify Purchaser, with respect to each Title/Survey Objection, whether Seller intends to either (a) cause the Title/Survey Objection to be removed, (b) have the Title Insurer issue a title endorsement insuring against damage and loss caused by any Title/Survey Objection (which endorsement shall be subject to the review and approval of Purchaser), or (c) take no further action regarding such Title/Survey Objection in which event, subject to the immediately following sentence, such Title/Survey Objection shall become a Permitted Exception. Notwithstanding the foregoing, Seller shall at Closing, at its expense, remove (or cause to be removed) or cause the Title Insurer to insure over any Title/Survey Objection appearing on the Title Commitment that is any of the following: (1) judgments against Seller, and/or (2) mortgages or monetary liens, defects, obligations or exceptions of a definite and ascertainable amount that can be satisfied solely by the payment of money (items (1) and (2) above to be hereinafter referred to collectively as "MONETARY EXCEPTIONS") or (3) matters caused by Seller's intentional actions ("Seller's Exception"). If Seller elects, or is deemed to have elected, item (c) above, then Purchaser shall have the right, by delivering notice to Seller within three (3) business days after the expiration of the aforementioned five (5) day period to either (i) terminate this Agreement in which event the Xxxxxxx Money (and any interest earned thereon) shall be immediately returned to Purchaser and thereupon neither Seller nor Purchaser shall have any further rights, duties or obligations under this Agreement, or (ii) waive its objection and accept title to the Property subject to such Title/Survey Objections, in which event this Agreement shall remain in full force and effect. Seller's failure to notify Purchaser within the aforementioned five (5) day period of which foregoing course of action Seller elects to take with respect to a Title/Survey Objection shall be deemed Seller's election of item (c) above. With respect to any Title/Survey Objection that Seller has elected or is deemed to have elected not to take any further action, Purchaser's failure to terminate this Agreement on or before the expiration of the aforementioned three (3) business day period as aforesaid shall be deemed Purchaser's waiver of its objection as provided in (ii) above. If the Title Commitment discloses judgments, bankruptcies or other matters against other persons Blytheville, AR having names the same as or similar to that of Seller, Seller, on the Title Insurer's request, shall deliver to the Title Insurer affidavits or other evidence reasonably acceptable to the Title Insurer showing and/or confirming that such judgments, bankruptcies or other matters are not against Seller, or any affiliates. Notwithstanding anything in this Section or Agreement to the contrary, Seller may elect to not pay off any mechanic's or materialman's lien filed against the Property in connection with the construction provided Seller bonds any such lien to the reasonable satisfaction of Purchaser and the Title Insurer and further provided that the Title Insurer issues, at Seller's cost, an ALTA survey endorsement to issue the title commitment and policy without standard exceptionsPurchaser's final Owner's Title Policy to be issued pursuant to Section 10(c) below insuring against any loss or damage arising on account of such lien.

Title/Survey. Seller As soon as possible after Opening of Escrow, Escrow Agent shall furnish good, marketable and insurable cause to be delivered to Buyer a preliminary title report incident to the issuance of an ALTA extended coverage title insurance policy, together with legible copies of all matters indicated in Schedule B thereto (collectively, the “Title Report”), and Buyer shall obtain, at Buyer’s sole cost and expense, a current ALTA survey of the Property at closing. “Insurable” as used herein is defined to mean title which is insurable by Lawyers Title Insurance Corporations, c/o Sxxxxx Xxxxxxxx, 1000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxx, XX 00000 (the “Title CompanySurvey”) at its standard rates without standard exceptions except for those exceptions, if any, approved in writing by Buyer after receipt of a title commitment from the Title Company dated after the date of this Agreement and accompanied by copies of all documents referred to therein and the survey referenced below which locates all easements and other existing improvements). Buyer shall be responsible for have the right to object to any additional survey work, or to re-certify the survey to Buyer and matter indicated in the Title Company, if desired Report or on the Survey by Buyer including any requirement delivering written notice of such objections to Seller and Escrow Agent on or before the title company for an ALTA survey in order to remove the standard title exceptions and to issue the title commitment and subsequent title policy without standard exceptions. Seller shall deliver to Buyer within date that is ten (10) days hereofprior to the Closing Date. With respect to any amendments to the Title Report or the Survey, the title commitment referenced above, that certain survey identified as Job No. 332-B, dated June 10, 2005 prepared by Boulder Design Services, LLC and copy of traffic study from 2005 (“Seller Documents”). Buyer shall then have twenty until five (205) calendar days after receipt of the such amendments, together with legible copies of any additional matters described therein, to notify Seller Documents and Escrow Agent in writing of any matters not previously disclosed to which Buyer objects. After receipt of Buyer’s objections, Seller shall notify Buyer in writing as to examine samewhether Seller will attempt to cure any objection of Buyer or not cure any such objection. If Seller elects not to cure any such objection, then within five (5) days thereafter, Buyer finds any defects or exceptions to Seller Documents which may either (a) render cancel this Agreement by written notice delivered to Seller and Escrow Agent, in which event the title not marketable or insurable Exxxxxx Money, together with all interest accrued thereon, shall be immediately refunded to Buyer, or (b) render waive the Property unsuitable for objection by written notice to Seller and Escrow Agent and proceed to close the Intended Use (hereinafter defined)Escrow. All matters listed on Schedule B-Part 2 to the Title Report, Seller other than standard exceptions, not objected to by Buyer in accordance with the provisions hereof, or which are objected to by Buyer but with respect to which Buyer thereafter waives such objection, shall be furnished with a written statement thereof prior deemed to the expiration of the twenty (20) day period; and Seller shall have fifteen (15) calendar days after receipt of Buyer’s notice in which to correct or delete all such defects or exceptions. If Seller shall fail to correct such defects or exceptions within such period, then Buyer shall have an additional fifteen (15) calendar days thereafter to either: (i) decline to accept the Property with such defects or exceptions, terminate this Agreement, and receive a refund of the deposit(s) made by Buyer hereunder together with any interest accrued thereon; or (ii) accepting the Property with such defects and exceptions, in the event they can be cured prior to the Close of Escrow. Upon approval by Buyer of the title shown in the title commitment, as provided herein, and the delivery to Buyer at the Seller’s expense at the Close of Escrow of an ALTA owners title insurance policy Form 1992 (without standard or regional exceptions) in the amount of the Purchase Price naming Buyer as the insured and as owner of fee simple title to the Property, subject only to those exceptions approved by Buyer, Seller’s obligation hereunder to furnish good, marketable and insurable title shall be satisfied. Seller has provided a survey identified above as Job No. 332-B dated June 10, 2005 prepared by Boulder Design Services LLC and Seller shall not be responsible for any additional survey costs other than the survey already provided including any requirement by the Title Company for an ALTA survey to issue the title commitment and policy without standard exceptions“Permitted Exceptions.”