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be adjusted and prorated to the date of delivery of the <br />deed; and <br /> <br />(b) <br /> <br />rights-of-way, easements, restrictions, covenants, and <br />mineral reservations which are acceptable to Purchasers. <br /> <br /> Seller shall execute an affidavit concerning mechanic's liens <br />and take all steps necessary to obtain the deletion of the standard <br />pre-printed exceptions. <br /> <br />o <br /> <br />Should title not be merchantable as aforesaid, or if the title <br />commitment includes additional exceptions which are not <br />acceptable to the Purchasers (even though such additional <br />exceptions would not make the title unmerchantable), a written <br />notice of the defects shall be given to Seller by Purchasers <br />within 10 days after receipt, by the County, of the title <br />commitment and all exception documents as set forth in <br />Paragraph 4 of this Agreement. If the Seller provides <br />Purchasers with a title commitment and exception documents <br />before the execution of this Agreement by all of the <br />Purchasers, Purchasers shall have ten days from the date on <br />which the last Purchaser signs this Agreement within which to <br />provide Seller with a written notice of title defects. <br />Additionally, at least one month prior to closing, Seller <br />shall disclose to Purchasers the existence of all off-record <br />matters, known to Seller, which affect the Property and <br />Purchasers shall have 10 days after the receipt of said <br />information by the County to provide Seller with a written <br />notice of any defects. <br /> <br />Seller agrees to attempt to correct such defects at Seller's <br />expense within 120 days from receipt of said notice of <br />defects, and the closing shall be postponed for said 120 days. <br /> If Seller has not corrected such defects within said 120 <br />days, the Purchasers, at their option, individually or <br />collectively, may complete the transaction notwithstanding the <br />defects or may, upon notice to Seller in recordable form, <br />declare this Agreement terminated, whereupon all payments made <br />by Purchasers to Seller shall be returned to Purchasers and <br />all parties shall be released herefrom. <br /> <br />o <br /> <br /> Closing and delivery of deed shall take place on November <br />21, 2001, at 10:00 a.m. in the office of the title company <br />which provides the title commitment described in Paragraph 4 <br />of this Agreement, or at a time and place agreed to by <br />Purchasers and Seller. Settlement sheets for the closing <br />shall be furnished by Seller to Purchasers at least five (5) <br />days before the closing. Closing may be postponed for as long <br />as is reasonably necessary for the Purchasers to receive and <br />approve the survey, Phase 1 and title commitment identified in <br />this Agreement. <br /> <br />FINGRU PURCHASE AGREEMENT -3- <br /> <br /> <br />