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05/05/16
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05/05/16
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d. If Buyer does not provide a Notice to Proceed to Seller in accordance with <br />Section 9(b), this Agreement automatically terminates and Escrow Agent must <br />disburse all Earnest Money Escrow Agent holds to Buyer, other than Earnest <br />Money Escrow Agent is obligated to disburse to Seller pursuant to Sections 4(b) <br />and (c). <br />e. At Closing, Escrow Agent shall disburse to Seller any Earnest Money not <br />previously disbursed to Seller, and Buyer shall receive a credit against the <br />Purchase Price owing at Closing in an amount equal to the amount of the Earnest <br />Money. <br />5. TITLE COIVINIITMENT. <br />a. Seller makes no representations or warranties with respect to the status of title to <br />the Property. Within ten (10) business days after the Effective Date, Seller shall, <br />at Seller's expense, obtain a commitment from Escrow Agent to issue an owner's <br />policy of title insurance insuring Buyer's title to the Property (the "Title <br />Commitment") and deliver the Title Commitment and copies of or internet access <br />to copies of all recorded documents referenced in the Title Commitment to Buyer. <br />b. Buyer shall have until the date ten business days after the receipt of the Title <br />Commitment and the Survey (collectively, "Title/Survey") to review <br />Title/Survey and to give Seller written notice of (i) any defects in the <br />marketability of Seller title to the Property or any encumbrances on Seller's title <br />to the Property that are objectionable to Buyer, and (ii) the specific actions Buyer <br />requests that Seller take with respect to each such defect or encumbrance (a "Title <br />Objection Notice"). Any defects in or encumbrances on Seller's title that Buyer <br />does not identify in a timely Title Objection Notice are each a "Permitted <br />Exception." Within three (3) business days after Seller's receipt of a Title <br />Objection Notice from Buyer, Seller will notify Buyer, in writing, of the actions, <br />if any, that Seller is willing to take with respect to each of the matters identified in <br />the Title Objection Notice and the time frame in which Seller will take those <br />actions ("Seller's Title Notice"). If Seller's Title Notice indicates that Seller <br />unconditionally agrees to make Seller's title to the Property marketable on or <br />before the closing date established pursuant to Section 10, the parties shall <br />proceed to closing pursuant to the terms of this Agreement. If Seller's Title <br />Notice indicates that Seller does not unconditionally agree to make Seller's Title <br />to the Property marketable on or before the closing date established in Section 10, <br />Buyer may, at any time with three (3) business days after Buyer's receipt of <br />Seller's Title Notice, terminate this Agreement by written notice to Buyer in <br />which case this Agreement is terminated and Escrow Agent must disburse any <br />Earnest Money (other than Earnest Money that Escrow Agent has disbursed to <br />Seller pursuant to Sections 4(b) and (c)) ("Buyer's Title Termination Notice"). <br />If Buyer does not deliver a Buyer's Title Termination Notice to Seller within the <br />three (3) business days after Buyer's receipt of Seller's Title Notice, than Seller <br />must perform in accordance with Seller's Title Notice, Buyer shall be deemed to <br />Coastal PA, v05032016, G>EDA>Accounts>Coastal Living Land and Homes 2 <br />
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