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not interfere with or impair the Property's use for public purposes; exceptions permitted by the <br />provisions of this Contract; and those exceptions which are capable of and are actually to be <br />discharged by Seller at, or before Closing (all other exceptions to title being deemed title defects for <br />purposes of this contract). Legible and complete copies of all instruments listed as exceptions to title <br />(commonly identified as Schedule B -II exceptions in the Title Commitment) shall be delivered with <br />the Title Commitment. If title is found to be defective, Buyer shall, within ten (10) days from the date <br />it receives the Title Commitment, notify Seller in writing to that effect specifying the defects. Seller <br />shall have twenty (20) days from the receipt of Buyer's notice specifying the title defects to cure the <br />defects and, if after said period Seller shall not have cured the defects, or if Seller shall not have <br />progressed to a point where the defects are certain to be remedied prior to Closing, or where the <br />removal of such defects is not otherwise assured to Buyer's satisfaction, Buyer shall have the option of <br />(i) accepting the title "as is" or (ii) terminating the Contract after which Buyer and Seller shall each be <br />released from all further obligations to each other respecting matters arising from this Contract. <br />4.2. Survey. Buyer may, at Buyer's expense, obtain a survey of the Property (the <br />"Survey") prepared by a licensed Florida land surveyor within the last thirty (30) days before closing, <br />or in the alternative, an update of an earlier survey re -dated to a point in time within the last thirty (3 0) <br />days which complies with the Minimum Standard Detail Requirements for ALTA/ACSM Land Title <br />Surveys adopted in 2011. If the Survey shows any encroachments onto the Property and/or <br />improvements located outside its boundaries or encroachments by improvements principally located <br />on the Property over required setback lines or over onto the property of others or onto any public <br />right-of-way adjacent to the Property, or if it is apparent that the Property violates existing title <br />covenants and/or applicable zoning laws or ordinances, Buyer shall notify Seller in writing to that <br />effect specifying the defects. Seller shall have until thirty (30) days from receipt of Buyer's notice <br />specifying the Survey defects in which to cure such defects. If after said period Seller shall not have <br />cured the defects, or if Seller shall not have progressed to a point where the defects are certain to be <br />remedied at or prior to Closing, Buyer shall have the option of (i) accepting the condition of the <br />Property as disclosed in the Survey in an "as is" condition, or (ii) terminating the Contract, thereupon <br />Buyer and Seller shall each be released from all further liabilities and obligations to each other with <br />respect to all matters arising from this Contract. <br />The parties acknowledge that upon the execution of this Contract the only available legal <br />description of the Property was the legal description of the Property contained within Section I of the <br />Contract. The survey will be by a metes and bounds description and said description shall be <br />incorporated into this Contract as if included herein at the Effective Date of this Contract. The survey <br />and legal description shall be approved by both parties prior to incorporation into the Contract. Said <br />approval shall not be unreasonably withheld by the parties. <br />4.3. Conveyance. Seller shall convey title to the Property to Buyer by Warranty Deed (the <br />"Deed"), subject only to: (i) taxes for the year of Closing; and (ii) matters disclosed in the title <br />evidence provided to and accepted or deemed accepted by Buyer. <br />4.4. Closing Affidavit. At the Closing, Seller shall furnish Buyer with an affidavit (i) <br />testifying to the absence of any claims, encumbrances, taxes, assessments, liens or potential lienors <br />known to Seller not disclosed in the Title Commitment and Deed, (ii) further attesting that there have <br />been no improvements to the Property by or through Seller for the ninety (90) day period immediately <br />