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the last available lax duplicate) and reflected on a settlement statement prepared by <br />the Escrow Agent. Such proration shall be final. <br />Of The Escrow Agent shall record the Decd in the real estate records ol'the Fiscal <br />Officer's office. <br />5.4 Possession. Seller shall deliver possession of the Properly in its present condition, <br />sub to normal wear and tear. <br />5.5 Tilts Defects. During the Inspection Period (as defined herein), Purchaser shall <br />have the right to object to any matters se( forth in thc'I'itic Commitment and the Survey. Purchaser <br />shall give Seller written notice (the "Objection Notice") ol'any such matter set Ibrth in the Title <br />Commitment or Survey to which Purchaser objects (each a "'Title Defect") prior to the expiration <br />ol'the Inspection Period. Any matter not objected to by Purchaser within such Inspection Period <br />for which Purchaser waives fbilowing the Objection Notice) shall he deemed to be approved by <br />Purchaser and included as a Permitted f nl'nmbrance. If purchaser delivers to Seller an Objection <br />Notice siveil'ying a Title Dclect within the Inspection Period, Seller shall, within tell (10) days <br />alter the receipt ofthe Objection Notice. notify Purchaser in writing (the "Seller's Notice") which <br />ol'such Title Defects shall be cured by Seller prior to or al Closing; provided, however that Seller <br />shall only be obligated to cure any such Title Deject which either was caused by Seller's actions <br />after execution ol'this Agreement or is a lien or encumbrance that can be removed by the payment <br />of a sum certain (unless caused by Purchaser). Within five (5) days aller receipt ol'the Seller's <br />Notice, Purchaser, as its sole and exclusive remedy, shall notify Seller in writing of Purchaser's <br />election to either (i) accept title to the Property subject to (he Title Detecls Seller is not obligated <br />for has not otherwise elected) to cure, without an abatement or reduction ol'the Purchase Price in <br />accordance with the terms ol'this Agreement, or (ii) terminate this Agreement. If Purchaser elects <br />to terminate this Agreement, all documents deposited into escrow shall be returned to the party <br />who delivered or deposited the same the Earnest Money shall be paid to purchaser, and thereupon <br />the panics shall be released Tram any further obligations hereunder each to the other, except that <br />Purchaser shall pay all the expenses 01' the Escrow Agent and the "Title Company, if' any. 11' <br />Purchaser docs mil elect to terminatc, or fails to make a written election, within the live (5) of <br />period following Seller's Notice, Purchaser shall be deemed to have Irm: to accept I title art the <br />Properly, subject to all ']'life Delcets which shall thereafter he of have <br />ed toPermitted cepFneumle to <br />e <br />without an abatement or reduction of (he Purchase Price and the Earnest Money shall become <br />nonrcllmdable. <br />RISK OF LOSS <br />6.1 Risk of Loss. Risk of loss to the property or any pmt thereof "shall remain on Seller <br />until the Closing. <br />7. REPRESENTATIONS AND WARRANTIES <br />7.1 Seller's Rc resenlations. Seller represents, warrants and agrees as Billows: <br />(a) 1'0 Seller's actual knowledge, the Properly is subject to no options or agrcemcnts <br />regarding the transfer of title to the Property and Seller has received no written <br />notice of any legal or governmental action, litigation, or pending or threatened <br />