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<br />entity mutually acceptable to Seller and Buyer, or jointly to Buyer and such nonprofit <br />corporation or other nonprofit entity, in Seller's sole discretion, for the purpose of subjecting the <br />Property to the easements and restrictions set forth therein. <br />3. EVIDENCE OF TITLE. Buyer will have title to the Property examined, and at <br />Buyer's election, will obtain title insurance commitment(s) on the Property. The title <br />examination and/or commitments must evidence Seller's ability to deliver title at Closing as set <br />forth above. All costs necessary to procure the title examination and, if applicable, the title <br />commitment(s) and final title insurance policies to be issued at Closing, shall be the <br />responsibility of Buyer. <br />4. TITLE DEFECTS: If for any reason Seller cannot deliver title at Closing as <br />required by Sections 2, 3 and 5 of this Agreement, Buyer may elect to (a) accept the Property <br />with title as is; (b) refuse to accept the Property in which event this Agreement shall terminate <br />and neither parry shall have any further duties, obligations or liabilities to the other hereunder; or <br />(c) allow Seller additional time to pursue reasonable efforts to correct the title defect or <br />objection, including bringing any necessary quiet title actions or other lawsuits. <br />5. REPRESENTATIONS, WARRANTIES AND COVENANTS__OF SELLER: <br />4 <br />