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81 -- ()G3780 <br />insuring goad and marketable title to the Buyer's interest in the <br />Property, $ree and clear of all liens, charges, claims, actions, <br />encumbrances, and title exceptions of any kind whatsoever except <br />standard printed exceptions contained in such title insurance <br />policy, except such encumbrances or defects as are permitted <br />pursuant to Paragraph 4 of this agreement, and except the existing <br />lease dated June 8, 1971, to Richman Gordman Stores, Inc. (which <br />has been assigned by Richman Gordman Stores, Ine, to Buyer) all <br />of the Lessor's obligations under which lease shall be assumed <br />by Buyer. Seller shall request such title insurance compa>?,~r <br />to deliver a copy of such commitment to Buyer as soon as it <br />has been prepared. If such title insurance commitment <br />discloses defects in title not expressly consented to <br />herein, then Seller shall remedy sucY. defects in title <br />as are susceptible of being remedied. If Seller does not so <br />remedy such defects in title by December 31, 1981, then Buyer <br />shall have the option of (a) completing the purchase and accepting <br />such title to the Property as Seller is able to convey without <br />reduction of the purchase price, unless such defects are encum- <br />brances or liens for an ascertainable amount, in which case that <br />amount may be deducted from the purchase price, or (b) declaring <br />this agreement null and void, in which latter event both buyer <br />and Seller shall be released from any and all obligation: and <br />liabilities to each other under this agreement. Seller shall <br />cause such title insurance company to update its commitment <br />on and as of the Closing date and to issue a final title in::ur- <br />ance policy in favor of Buyer promptly after the Closing and <br />shall pay the entire premium for such title insurance policy. <br />4. At one Closing, Seller agrees to execute and deliver to <br />Buyer a good and sufficient personal representative's deed to <br />the Property, in recordable form satisfactory to Buyer, conveying <br />to Buyer good and marketable title to the Property, free and clear <br />of all liens, charges, claims, actions, encumbrances and title <br />exceptions of any kind whatsoever except as set forth in Exhibit <br />"B" attached hereto and by this reference incorporated herein. At <br />the Closing, Seller shall deposit such personal representative`s <br />deed in escrow with Nebraska Title Insurance Company of Lincoln, <br />iebraska, as escrow agent, to be held by such escrow agent until <br />Buyer has paid in full the purchase price set forth in Paragraph <br />2. Ups>n Buyer's payment in full of such purchase price, Seller <br />hereby directs and authorizes such escrow agent to deliver such <br />deed to Buyer. Seller agrees, upon Buyer's payment in full of <br />such purchase price, to certify to such escrow agent that such <br />purchase price has been fully paid. In the event that Seller fails <br />or refuses to provide such certification, then Buyer shall have the <br />right to display to such escrow agent cancelled checks repre- <br />senting in the aggregate the full amount of the purchase price <br />set forth in Paragraph 2, whereupon the escrow agent hereby is <br />authorized by Seller to deliver such deed to Buyer. In the event <br />that Buyer fails to make any payment due under this agreement within <br />sixty (60) days after the due date therefor, such escrow agent <br />shall return such warranty deed to Seller upon demand by Seller. <br />5. Buyer shall continue to pay the basic rent for the Pro- <br />perty pursuant to Article IV of such Lease dated June 8, 1971, <br />through August 31, 1981; and thereafter no further rent shall be <br />payable under such Article IV. Until the purchase price set forth <br />in Paragraph 2 has been paid in full, Buyer shall continue to <br />abide by all of the terms and previsions of such Lease dated <br />-2- <br />