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death or property damage or destruction, including any damage <br />to or destruction of the Subject Property, arising out of or in <br />any way connected with Purchaser's exercise of the foregoing <br />rights. <br /> <br /> (a) On or before October 31, 1990, at its option, <br />Purchaser shall examine title to the Premises and shall deliver <br />a copy of an attorney's report or title certification .to <br />Seller', together with any objections to title. <br /> <br /> (b) At Closing, Seller shall convey good and <br />marketable fee title to the Premises to Purchaser. <br />Nevertheless~ Seller shall not be obligated to cure or remove <br />nor shall any of the following matters be deemed defects or <br />objections to title (hereinafter collectively called the <br />"Permitted Encumbrances"): <br /> <br /> (i) any existing utility or other easements; <br /> <br /> (ii) zoning,' land use and building statutes, <br /> ordinances, regulatlons and restrictions; <br /> <br /> (iii) any state of facts which an inspection or an <br /> accurate survey of the Premises would show; and <br /> <br /> (iv) ad valorem real estate taxes and <br /> assessments, both general and special, not due and payable <br /> pr'ior to Closing. <br /> <br /> (c) At its sole cost and expense, Purchaser shal~ <br />cause any subdivision or lot split notices or drawings to be <br />made and filed. <br /> <br />- 3 - <br /> <br /> <br />