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do <br />4B <br />0 h <br />on the Property or that improvements intended to be located on the property encroach on the land <br />of others, the same shall be treated as a title defect, pursuant to Section 7 herein. Adverse matters <br />disclosed by such Survey which in the reasonable judgment of the Purchaser impair the marketability <br />of the Property, shall also be treated as title defects pursuant to Section 7 herein. <br />I SECTION b. 1UU9iN5kRANC>s' Purchaser shall, at the sole cost and <br />expense of the Purchaser and within 15 days of Purchaser's approval of this Agreement, order a <br />marketable title insurance commitment, to be followed by an owner's marketable title insurance policy <br />C (ALTA Form "B") from a title insurance company or agent selected by Purchaser, insuring <br />marketable title to the Property in the amount of the Purchase Price. The Purchaser shall select a title <br />insurer willing to issue the title insurance policy for a premium which shall not exceed the minimum <br />rate promulgated by the Florida Insurance Commissioner, such premium to be paid by Purchaser. <br />Nothing herein shall preclude the Purchaser from selecting its own counsel to act as an agent for the <br />title insurer in conjunction with the issuance of the title insurance policy. Seller shall, prior to <br />closing, take such actions required so that the title insurer agrees to delete the standard exceptions <br />of such policy referring to: (a) all taxes (except for taxes for the year of closing and subsequent years <br />which are not yet due and payable), (b) unrecorded rights or claims of parties in possession other than <br />I pursuant to the Lease Agreement, (c) survey matters, (d) unrecorded easements or claims of <br />y easements, and (e) unrecorded mechanics' liens. <br />'SECTION 7. DEEE Mi��If the title insurance commitment or <br />Survey obtained or furnished pursuant to this Agreement discloses any defects in title which impair <br />the marketability of the Property in Purchaser's reasonable judgment, Purchaser shall notify the Seller <br />of such defects within 20 days of receipt of the title insurance commitment or survey. Failing the <br />i giving of such notice, Purchaser shall be deemed to have waived such defects and same shall <br />thereafter be deemed "Permitted Exceptions." yeller shall, within 90 days after notice from <br />Purchaser, cure said defects in title. Seller agrees to use diligent effort to correct the defects in title <br />within the time provided therefor, excluding the bringing of necessary suits. If Seller is unsuccessful <br />{ in curing or removing the title defects within said time Purchaser shall have the option to either: (a) <br />accept the title as it then is with no reduction in the Purchase Price, (b) extend the amount of time <br />` that Seller has to cure the defects in title for a period mutually acceptable to Seller and Purchaser, or <br />(c) terminate this Agreement, thereupon releasing Purchaser and Seller from all further obligations <br />under this Agreement. If Seller fails to make a diligent effort to remove the title defects, Seller shall <br />` be in default and the provisions of Section 18 of this Agreement shall apply. <br />SECTION S. Cogri IANcE wITH AMERICANS wiTll D SABIL.ITIES ACT, <br />k <br />Seller shall, at its sole cost and expense and as soon as practicable, order and obtain a site <br />assessment from McGuire Associates (a professional consultant with expertise in examining <br />improved properties for compliance with the Americans with Disabilities Act (the "ADA:')) to <br />1 <br />r_ <br />L <br />L <br />