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($100,000.00) shall be deposited with Escrow Agent within five (5) business days <br />following the expiration of the Inspection Period. The first deposit of TWENTY-FIVE <br />THOUSAND AND 00/100 DOLLARS ($25,000.00) is referred to as the "Inspection <br />Period Deposit", and the second deposit of ONE HUNDRED THOUSAND AND <br />00/100 DOLLARS ($100,000.00), is referred to as the "Contract Period Deposit". <br />Both deposits together shall cumulatively be referred to as the "Contract Deposit". <br />If Buyer has not terminated the Contract on or before end of the Inspection Period, <br />and then fails to close for any reason, Seller shall retain the full Contract Deposit <br />as liquidated damages for Buyer's default. <br />Buyer and Seller hereby appoint The Law office of Barry G. Segal, P.A, to act as <br />the Escrow Agent for the transaction contemplated by this Agreement and to hold <br />the Earnest Money in escrow subject to the terms of this Agreement. <br />3. Title. Seller shall convey marketable title to the Properties by warranty deed free of <br />claims, liens, easements and encumbrances of record or known to Seller; but subject to <br />property taxes for the year of Closing and covenants, restrictions and public utility <br />easements of record provided (a) there exists at Closing no violation of any of the <br />foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of <br />the Properties ("Permitted Exceptions"). The current year property taxes will be prorated <br />at the time of closing. <br />3.1 Buyer may order an Ownership and Encumbrance Report or Title Insurance <br />Commitment with respect to the Properties. Buyer shall within thirty (30) days following the <br />Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall <br />be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time <br />specified, or (b) Buyer delivers notice and Seller cures the defects within thirty (30) days <br />from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall use best <br />efforts to cure the defects within the Curative Period and if the title defects are not cured <br />within the Curative Period, Buyer shall have thirty (30) days from the end of the Curative <br />Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon <br />shall be of 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 closing. <br />4. INSPECTIONS. <br />Inspections. Buyer, its agents, employees, and representatives shall have ninety (90) <br />days after the Effective Date to perform any and all inspections of the Property as the <br />Buyer deems necessary (the "Inspection Period"). During the Inspection Period, Buyer <br />shall, at its sole cost and expense, determine that utility services including, water, <br />wastewater, electric, telephone and all other utilities are available in the proper size and <br />capacity to serve the existing facilities and installed to the property lines. At all times <br />during the Inspection Period, Buyer and its agents shall be provided with reasonable <br />access during normal business hours to the Property for purposes of on-site inspection, <br />2 <br />