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a ' Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon the agreement shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 4 . Title to Parcel 500 Seller shall convey a perpetual non - exclusive easement for access and drainage over Parcel 500 free of claims , liens , easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing for use as a joint stormwater retention pond for the County' s 66th Avenue improvement project and Seller' s Remainder Parcel and subject to covenants , restrictions and public utility easements of record provided ( a ) there exists at Closing no violation of any of the foregoing ; and ( b ) none of the foregoing prevents County ' s intended use and development of the Parcel 500 . 4 . 1 County may order an Ownership and Encumbrance Report with respect to Parcel 500 . County shall , within thirty ( 30 ) days from receipt of the Ownership and Encumbrance Report , deliver written notice to Seller of title defects . Title shall be deemed acceptable to County if ( a ) County fails to deliver notice of defects within the time specified , or ( b ) County delivers notice and Seller cures the defects within thirty ( 30 ) days from receipt of notice from County of title defects ( " Curative Period " ) . In no event will Seller be required to spend more than three ( 3 % ) percent of the Purchase Price or file suit to cure title defects , but Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period , County shall have thirty ( 30 ) days from the end of the Curative Period to elect , by written notice to Seller, to : ( i ) to terminate this Agreement , whereupon shall be of no further force and effect , or ( ii ) extend the Curative Period for up to an additional 90 days ; or ( iii ) accept title subject to existing defects and proceed to closing . 5 . Representations of the Seller. 5 . 1 Seller is indefeasibly seized of marketable , fee simple title to the Property , and is the sole owner of and has good right , title and authority to convey and transfer the Property , which is the subject matter of this Agreement , free and clear of all liens and encumbrances . 5 . 2 From and after the Effective Date of this Agreement , Seller shall take no action which would impair or otherwise affect title to any portion of the Property , and shall record no documents in the Public Records which would affect title to the Property , without the prior written consent of the County . 5 . 3 There are no existing or pending special assessments affecting the 2