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d. 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. SURVEY. Seller will provide the Buyer an ALTA/NSPS 2021 survey(Items 1, 2, 3, 4, <br /> 5, 8, 11(b), 16 and 17) for Outlot A, COR TWO (the "Survey") from a duly licensed <br /> surveyor dated September 22, 2023 and a copy of the Waterfront Village Plat. Buyer <br /> may arrange with the surveyor to include additional information on the Survey at Buyer's <br /> expense. <br /> 6. TITLE COMMITMENT. <br /> a. Seller makes no representations or warranties with respect to the status of title to <br /> the Property. Within thirty(30)business days after the Effective Date, Seller <br /> shall, at Seller's expense, obtain a commitment from Escrow Agent to issue an <br /> owner's 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 sixty(60) 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 (11) 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 13, <br /> Buyer may, at any time with five (5)business days after Buyer's receipt of <br /> Seller's Title Notice, terminate this Agreement by written notice to Seller in <br /> which case this Agreement is terminated and Escrow Agent must disburse any <br /> Earnest Money to Buyer ("Buyer's Title Termination Notice"). If Buyer does <br /> not deliver a Buyer's Title Termination Notice to Seller within the five (5) <br /> business days after Buyer's receipt of Seller's Title Notice, than Seller must <br /> perform in accordance with Seller's Title Notice, Buyer shall be deemed to have <br /> Page 2 of 15 <br />