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8.REVIEW OF TITLE COMMITMENT AND SURVEY <br />Within twenty (20) days after Buyer’s receipt of the Title Commitment, Buyer shall give Seller <br />written notice of any objections to the Title Commitment. Within twenty (20) days after Buyer’s <br />receipt of the Survey, Buyer shall give Seller written notice of any objections to the Survey. Any <br />exceptions identified in the Title Commitment or Survey to which written notice of objection is <br />not given within such period shall be a “Permitted Encumbrance.” If the Seller is unable or <br />unwilling to correct the Buyer’s title and survey objections within the Due Diligence Period, Buyer <br />may terminate this Agreement by written notice to Seller prior to expiration of the Due Diligence <br />Period, in which case the Earnest Money Deposit shall be refunded to Buyer. If Buyer fails to so <br />terminate this Agreement, then such objections shall constitute “Permitted Encumbrances” as of <br />the expiration of the Due Diligence Period, and Buyer shall acquire the Property without any effect <br />being given to such title and survey objections. <br />9.NOTICES <br />All notices required or allowed by this Agreement, before or after Closing, shall be delivered in <br />person or by certified mail, return receipt requested, postage prepaid, addressed to Seller in care <br />of Seller’s Representative (with a copy to South Bend Legal Department, 215 S. Dr. Martin Luther <br />King Jr., Blvd., Suite 600, South Bend, IN 46601, Attn: Corporation Counsel), or to Buyer in care <br />of Buyer’s Representative at their respective addresses stated in Section 2 above. Either Party <br />may, by written notice, modify its address or representative for future notices. <br />10.CLOSING <br />A.Timing of Closing. Unless this Agreement is earlier terminated, the Closing shall <br />be held at the office of the Title Company, and the Closing Date shall be a mutually agreeable date <br />not later than thirty (30) days after the end of the Due Diligence Period. <br />B.Closing Procedure. <br />(i)At Closing, Buyer shall deliver the Purchase Price to Seller, conditioned on <br />Seller’s delivery of the Special Warranty Deed, in the form attached hereto as Exhibit B, <br />conveying the Property to Buyer, free and clear of all liens, encumbrances, title defects, and <br />exceptions other than Permitted Encumbrances, and the Title Company’s delivery of the <br />marked-up copy of the Title Commitment (or pro forma policy) to Buyer in accordance with <br />Section 8 above. <br />(ii)Possession of the Property shall be delivered to the Buyer at Closing, in the <br />same condition as it existed on the Contract Date, ordinary wear and tear and casualty <br />excepted. <br />C.Closing Costs. Buyer shall pay all of the Title Company’s closing and/or document <br />preparation fees and all recordation costs associated with the transaction contemplated in this <br />Agreement.