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Incorporated, in the amount of the purchase price <br />guaranteeing marketable~ title free and clear of all <br /> <br />title- defects, encumbrances, reservations and <br /> <br />exceptions whatsoever, except: (1) zoning ordinances, <br />if any, (2) taxes and assessments which are a lien, <br />but not yet due and payable, (3) such restrictions, <br /> <br />conditions, easements (however <br />encroachments as do not materially <br />the use or value of theProperty. <br /> <br /> 5. ~URE OF TITLE <br />RESERVATIONS AND EXCEPTIONS. <br />comply with the requirements <br /> <br />created) and <br /> <br />adversely affect <br /> <br />DEFECTS, ENCUMBRANCES, <br />If Seller is unable to <br />of subparagraphs 4 (a) <br /> <br />and 4 (b) above, then Seller shall have.30 days after <br />receipt of notice thereof to remove said defect(s) and <br />to provide Buyer with evidenCe thereof. If Seller is <br />unable to remove said defect(s)~ within such 30 day <br />period, then Buyer may either: (1) accept title to <br />the' Property subject to said defect(s) without any <br />reduction in the total purchase price, or (2) <br />terminate this Agreement by written notice to Seller <br />and thereupon have returned all items and funds <br />theretofore paid or deposited hereunder, in which <br />event Seller shall pay all nonrefundable escrow, title <br />and financing costs theretofore' incurred and Seller <br />and Buyer shall be relieved 'of further liability <br />hereunder. <br /> <br /> <br />