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forth above. All costs necessary to procure the title examination and, if applicable, the title <br />commitment and final title insurance policy to be issued at Closing, shall be the responsibility <br />of Buyer. <br />4. TITLE DEFECTS: If for any reason Seller cannot deliver title at Closing as <br />required by Paragraph 2 of this Agreement, Buyer may elect to a) accept the Property with <br />title as is; b) refuse to accept the Property; or c) allow Seller additional time to pursue <br />reasonable efforts to correct the problem, including bringing any necessary quiet title actions <br />or other lawsuits. <br />5. EASEMENT AND AGREEMENT FOR PRIVATE DRIVE <br />MAINTENANCE AND LIGHTING STANDARDS: Private road construction within the <br />Easement, maintenance of the private road and outdoor lighting are specifically provided for in <br />the agreement (Exhibit B hereto) between Buyer and Seller, which agreement is incorporated <br />herein by reference. It and each of its terms and obligations survive the closing and remain <br />binding upon and for the benefit of Buyer and Seller, their heirs, personal representatives, <br />successors or assigns as provided in Exhibit B. <br />6. REPRESENTATIONS. WARRANTIES AND COVENANTS OF SELLER: <br />Seller makes the following representations and warranties to Buyer as of the effective date of <br />this Agreement and again as of the Closing Date: <br />(a) Title. At the Closing Date, Seller shall have good, marketable, and indefeasible <br />fee simple title to the Property subject only to the Permitted Exceptions, and Seller is aware of <br />no other matters that adversely affect title to the Property. <br />3 <br />