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and conditions, reservations and easements created in conjunction <br /> therewith, if any, and zoning ordinances. <br /> <br /> 4. Seller shall furnish to Purchaser a title <br /> <br /> guarantee issued by Premier Title Agency, Inc., 1495 Warren Road, <br /> Lakewood, Ohio, 44107, in its usual and customary form in the <br /> amount of the purchase price guaranteeing to the Purchaser that <br /> at the time of filing said deed for record, the fee simple title <br /> to said premises is good of record, free of all liens and <br /> encumbrances whatsoever, except as above stated in Paragraph 3 <br /> hereof. <br /> <br /> In the event there is a defect in the title, Seller <br />shall have forty-five (45) days after notice thereof to remove <br />said defect. If the defect is not removed within the said 45 <br />days, then and in that event, Purchaser shall have the right and <br />option to accept the warranty deed subject to said defect or to <br />have the within Agreement declared null and void and each party <br />relieved of the obligations thereunder. <br /> <br /> 5. The parties agree that all funds, documents and <br />others papers necessary to complete this transaction in <br />accordance with the terms hereof, shall be deposited in escrow <br />with Premier Title Agency, Inc. within thirty days next following <br />the date of this Agreement. <br /> <br /> 6. Seller warrants and agrees that possession of said <br /> <br />premises shall be delivered to Purchaser on <br /> <br />aforesaid warranty deed is filed for record. <br /> <br /> 7. Taxes and assessments both general <br />shall <br /> <br />filed <br /> <br />the date the <br /> <br /> and special <br />be prorated as of the date the aforesaid warranty deed is <br /> <br />for record in the Office of the Recorder of Cuyahoga <br /> <br /> <br />