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1. Title Commitment: A commitment for title insurance (the "Commitment") issued by a reputable title insurance <br />company selected or approved by Buyer (the "Title Company") showing marketable title in Sellers name shall be <br />ordered by (Seller) (Buyer) promptly upon acceptance of this Agreement and shall be delivered to Buyer within ten <br />business days after acceptance of the Purchase Agreement. At Buyers request, legible copies of all recorded <br />instnrments affecting the Property or recited as exceptions in the Commitment shall also be delivered. <br />2. Survey: If desired by Buyer, a survey shall be ordered promptly upon acceptance of this Agreement and shall be <br />furnished at Buyer's expense. It shall be prepared by a licensed Indiana surveyor selected or approved by Buyer, shall <br />comply with Minimum Standard Detail Requirements for ALTA/AGSM Land Title Surveys, including optional <br />requircnlents if requested, shall reflect whether the Property is located in a designated flood-zone area and shall be <br />certified to Buyer, the Title Company and Buyers lender. <br />3. Title and Survey Approval: If Buyer has an objection to items disclosed in the Commitment or the survey, Buyer <br />shall make written objections to Seller within five 5 business days after receipt of both the Comnutment and survey. <br />Upon the expiration of such period, any item not objected to by Buyer or subsequently approved by Buyer in writing <br />shall be deemed a permitted exception ("Permitted Exception"). If Buyer makes objections, Seller shall have thirty <br />(30) days from the date the objections are made to cure the same, and the Closing Date shall be extended, if <br />necessary. Seller agrees to utilize its best efforts and reasonable diligence to cure any objections, but only to the <br />extent necessary to convey marketable title. If the objections are not satisfied within the time period, Buyer may <br />either terminate this Agreement and receive a refund of the Earnest Money or waive the tmsatisfied objections and <br />close the transaction. <br />4. Inspections: Unless Buyer waives inspections under paragraph (C), Buyer shall have deternuned that the Property <br />has no unacceptable, adverse environmental or physical condition as provided below. <br />(A) Environmental Assessment: If desired by Buyer, a Phase I environmental site assessment ("Phase 1") on the <br />Property shall be ordered promptly upon acceptance of this Agreement at Buyer's expense from a reputable, <br />qualified engineer, acceptable to Buyer. The Phase I shall be conducted in accordance with ASTM standards <br />unless otherwise agreed and may also include at Buyers option the following matters: <br />(1) an investigation for the presence of asbestos, radon, lead or polychlorinated biphenyl (PCBs) on the <br />Property; andior <br />(2) an investigation to determine if the Property is located in any regulated or protected area under the <br />jurisdiction of the U.S. Anny Corps of Engineers, the U.S. Enviroimiental Protection Agency, the Indiana <br />Ueparhllent of Environmental Management, the Indiana Department of Nahiral Resources, the U.S. Fish <br />and Wildlife Service or any other federal, state or local agency. <br />If Buyer does not make a written objection to any problem(s) revealed in the report within five 5 business days <br />after receipt of the Phase I Audit, the Property shall be deemed to be acceptable. If Buyer determines that the <br />environmental condition is unsatisfactory, Seller shall have a reasonable period of time, not to exceed tweet <br />business days, to remediate the condition to Buyers satisfaction and the Closing Date shall be extended, if <br />necessary. Seller fails or refuses to remediate, Buyer may either terminate this Agreement and receive a refund <br />of the Earnest Money or waive its objection and close the transaction. <br />(B) Physical Inspections: Promptly upon acceptance of this Agreement, all physical inspections shall be ordered <br />Buyer's expense. inspections shall be made by qualified inspectors or contractors, selected or approved by <br />Buyer, with written reports delivered to Seller and Buyer. Inspections may include but are not limited to the <br />following: heating, cooling, electrical, plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, <br />water, stone and waste sewer, welUseptic, geotechnical, other: any. If Buyer, in its reasonable discretion, <br />believes that an inspection report reveals a major defect in or with the Property, Buyer shall report such defect <br />in writing to Seller within five 5 business days after receipt of said report. If Buyer does not make a written <br />objection to any problem(s) revealed in the report(s) within such time period, the Property shall be deemed <br />acceptable to Buyer. Seller shall have a reasonable period of time, not to exceed twenty (20) business days, to <br />repair any such major defect to Buyer's reasonable satisfaction and the Closing Date shall be extended, if <br />necessary. If Seller fails or refuses to repair, Buyer may either terminate this Agreement and receive a refund of <br />the Earnest Money or waive its objection and close the transaction. <br />Buyer and its agents shall have the right to enter upon the Property upon reasonable advance notice and make all inspection <br />provided for herein. Buyer shall restore any damage to the Property resulting from the entry of Buyer or its agents and shall <br />indenmify, defend and hold harn>less Seller as to any injury to persons or damage to their property resulting from the <br />negligence of Buyer or its agents in conducting their activities on the Property. <br />5. Utilities and Condition. Seller shall cease the service of all utilities and services for the Property, including but not <br />limited to, all gas, electricity, cable, telephone, water, sewer, pest conri-ol, home warranties or other services affecting <br />the Property. Seller shall satisfy, prior to closing, all outstanding disputes and pay all bills regarding those services or <br />utilities. Seller shall also winterize and secure the Property prior to closing. <br />PROBATIONS AND SPECIAL ASSESSMENTS: All ordinary operating expenses of the Property due or accnied prior <br />to the Closing Date, including but not limited to, public utility charges shall be borne by the Seller. Any special assessments <br />Page 2 of 8 <br />