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exceptions deleted issued by Resource Title Agency <br /> 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 /> exceptionswhatsoever, 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 created) and <br /> <br /> encroachments as do not materially adversely affect <br /> the use or value of the Property. <br /> <br />5. CURE OF TITLE DEFECTS, ENCUMBRANCES, <br />RESERVATIONS ANDEXCEPTiONs. If Seller is unable to <br />comply with the requirements 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 Dr deposited hereunder, in which <br />event Seller shall pay all nonrefundable escrow, title <br /> <br />4 <br /> <br /> <br />