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i <br /> of the Ownership and Encumbrance Report , deliver written notice to Seller of title <br /> defects . Title shall be deemed acceptable to County if (a ) County fails to deliver <br /> notice of defects within the time specified , or ( b ) County delivers notice and <br /> Seller cures the defects within thirty ( 30 ) days from receipt of notice from County <br /> of title defects (" Curative Period ") . In no event will Seller be required to spend <br /> more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defect , <br /> but Seller shall use best efforts to cure the defects within the Curative Period and <br /> if the title defects are not cured within the Curative Period , County shall have <br /> thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to <br /> Seller , to : ( i ) to terminate this Agreement , whereupon the agreement shall be of <br /> no further force and effect , or ( ii ) extend the Curative Period for up to an <br /> additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to <br /> closing . <br /> 4 . Title to Parcel 406 <br /> Seller shall convey a perpetual non -exclusive easement for access and drainage <br /> over Parcel 406 free of claims , liens , easements and encumbrances of record or known <br /> to Seller ; but subject to property taxes for the year of Closing for use as a stormwater <br /> retention pond for the County' s 66th Avenue improvement project and subject to <br /> covenants , restrictions and public utility easements of record provided ( a ) there exists at <br /> Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents <br /> County' s intended use and development of the Parcel 406 . Assuming the County <br /> creates a stormwater pond on Parcel 406 before Seller creates a joint stormwater <br /> retention pond pursuant to paragraph 9 . 11 below , the County shall own the fill dug from <br /> Parcel 406 . <br /> 4 . 1 County may order an Ownership and Encumbrance Report with respect to <br /> Parcel 406 . County shall , within thirty ( 30 ) days from receipt of the Ownership <br /> and Encumbrance Report , deliver written notice to Seller of title defects . Title <br /> shall be deemed acceptable to County if (a ) County fails to deliver notice of <br /> defects within the time specified , or ( b ) County delivers notice and Seller cures <br /> the defects within thirty ( 30 ) days from receipt of notice from County of title <br /> defects (" Curative Period ") . In no event will Seller be required to spend more <br /> than three ( 3 % ) percent of the Purchase Price or file suit to cure title defects , but <br /> Seller shall use best efforts to cure the defects within the Curative Period and if <br /> the title defects are not cured within the Curative Period , County shall have thirty <br /> ( 30) days from the end of the Curative Period to elect , by written notice to Seller, <br /> to : ( i ) to terminate this Agreement , whereupon shall be of no further force and <br /> effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) <br /> accept title subject to existing defects and proceed to closing . <br /> 5 . Representations of the Seller. <br /> 5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , <br /> and is the sole owner of and has good right , title and authority to convey and <br /> 2 <br />