15. TITLE SEARCH AND TITLE INSURANCE: The Buyer
Seller shall furnish and pay for a title search. The
Buyer does does not elect owner’s title insurance. If owner's title insurance is elected the Buyer Seller shall
furnish and pay for standard owner’s title insurance commitment and policy in the amount of the purchase price, with a copy of
subdivision or condominium plat, if applicable. The title evidence shall be certified to within thirty (30) banking days prior to closing
and the endorsement as to 8:00 A.M. on the business day prior to the date of closing, all in accordance with the standards of the
Ohio State Bar Association, and shall show in Seller marketable title, in fee simple, free and clear of all liens and encumbrances
except: (a) those created by or assumed by the Buyer; (b) those specifically set forth in this contract; (c) zoning ordinances; (d) legal
highways; and (e) covenants, restrictions, conditions and easements of record which do not unreasonably interfere with present lawful
use. At closing, the Seller shall sign an affidavit with respect to off-record title matters in accordance with the community custom,
including but not limited to verification that there are no delinquent sewer and/or water charges.
If required by the Buyer’s lender, the Buyer shall pay any expense incurred in connection with the mortgage title insurance issued for
the protection of the Buyer’s lender. Under RESPA, the Seller may not require Buyer, as a condition of the sale, to purchase title
insurance from any particular title company. If the Buyer or Buyer’s lender wants a site survey, it will be at the Buyer’s expense. If a
boundary survey is necessary to create marketable and recordable title or for description purposes, it would be paid for by the
Seller.
16. TITLE PROBLEM: If the title to all or any part of the Real Estate is unmarketable as determined by Ohio law with Reference
to the Ohio State Bar Association’s Standards of Title Examination, or is subject to liens, encumbrances, easements, conditions,
restrictions or encroachments other than those excluded in this contract, the Seller shall, within thirty (30) banking days (excludes
Saturday, Sunday and Federal Holidays) after the Seller receives written notice thereof, remedy or remove any such defect, lien,
encumbrance, condition, restriction or encroachment or obtain title insurance without exception therefore.
17. MINERAL RIGHTS: Unless otherwise excepted and/or reserved herein, the property offered herein shall include the land
(including the ownership of all minerals owned by Seller at the time of acceptance of this agreement). Minerals shall include coal,
oil, natural gas, gemstones, dimension stone, construction aggregate, salt and other materials extracted from the ground. The
extent of any minerals owned by the Seller may not be known, and unless otherwise agreed, it shall be the responsibility of the
Buyer to determine, at Buyer’s expense, the current status of mineral rights. This offer is, is not contingent on the
Seller’s ownership of mineral rights.
TRANSFER DURING PENDENCY: If mineral rights are being conveyed to Buyer in this transaction, then during the pendency of the
transaction, the Seller shall not lease, sell, gift, transfer, or assign in any way any mineral rights or convey other property or mineral
rights governed herein.
18. DEED: Seller shall convey to Buyer marketable title in fee simple by transferable and recordable general warranty deed
with release of dower, if any, or by fiduciary deed, if appropriate, free and clear of all liens and encumbrances, excepting: (a) any
mortgage or other encumbrance assumed by Buyer; (b) leases, reservations, conditions, easements and restrictions of record; (c)
such encroachments as do not materially adversely affect use or value of the Real Estate; (d) zoning ordinances, if any; (e) taxes and
assessments not yet due and payable and (f) those restrictive covenants of record condominium and home owner association fees.
Seller will pay all conveyance fees.
19a INDEMNITY: Buyer and Seller recognize that the BROKERS involved in the sale are relying on all information provided
therein or supplied by Seller or sources in connection with the Real Estate, and agree to indemnify and hold harmless the BROKERS,
their agents and/or employees, from any claims, demands, damages, suits, liabilities, costs and expenses (including reasonable
attorney’s fees) arising out of any misrepresentation or concealment of facts by Seller or sources.
Seller(s) Initials: _____________ Date: _____________
Seller(s) Initials: _____________ Date ______________
Buyer(s) Initials: _____________ Date: _____________ Page 3 of 7
Buyer(s) Initials: _____________ Date ______________
Property Address_______________________________________________________________________________________________