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business of the fsurger King restaurant on the Property (iii..} easeruents, covenants, agreements and other encumbrances (except liens securing indebteda~.ess of-=Optionar, its successors and assigns), ari.singror created in connectiozi with the construction; use or operation of the-Improvemen s-on the Land, but which do' not adversely. affect the value of the Property or the operation of the restaurant thereon, (iv} any zoning laws and ordinances,,- (:v} exceptions resulting frocu any condemnation, pending condem- nation or conveyance in lieu of condemnation, (ui) current taxes, utilities and other similar charges which are to be prorated at the closing, (vii}-any state'of facts a current survey woulyd shosi, and {viii} exceptions created'by, at the xequest of, or ,with ttze apgrovai- of BKE'. d. Title Insurance..: Binder. Prior to the Purchass Date, BKC may obtain, at its own expense.,. an espdatec tiLlensur- ance binder e+aider-cingthe current status of the title to the Property, and Qptionorwill re~rxave andjar cause to be released, at its expense, before or simultaneously c~ith the closing, ,all encx~rbrances and exceptians recited in such title binder and not. permitted by Section 2c, hereof. e. IndecanitY• $!+C will execute and deliver to Optinnor an indemnity, substantially in the form attached hereto as Exhibit B, indemnifying t}ptibnor fraer any and all continuing Iiabi~ity, 1.._..