INSPECTIONS PERFORMED BY
HSRE, ITS AGENTS OR REPRESENTATIVES.
THE PROVISIONS OF THIS SECTION 8.2.1 SHALL
SURVIVE THE CLOSING OR ANY TERMINATION OF THIS AGREEMENT.
8.2.2
ENVIRONMENTAL INSPECTIONS.
THE INSPECTIONS
PERMITTED UNDER SECTION 8.2, MAY INCLUDE A NON-INVASIVE PHASE I ENVIRONMENTAL
INSPECTION OF THE PROPERTY, BUT NO PHASE II ENVIRONMENTAL INSPECTION OR OTHER
INVASIVE INSPECTION OR SAMPLING OF SOIL OR MATERIALS, INCLUDING WITHOUT
LIMITATION CONSTRUCTION MATERIALS, EITHER AS PART OF THE PHASE I INSPECTION OR
ANY OTHER INSPECTION, SHALL BE PERFORMED WITHOUT THE PRIOR WRITTEN CONSENT OF
EXTRA SPACE, WHICH MAY BE WITHHELD IN EXTRA SPACE'S SOLE AND ABSOLUTE
DISCRETION, AND IF CONSENTED TO BY EXTRA SPACE, THE PROPOSED SCOPE OF WORK AND
THE PARTY WHO WILL PERFORM THE WORK SHALL BE SUBJECT TO EXTRA SPACE'S REVIEW AND
APPROVAL.
HSRE SHALL DELIVER TO EXTRA SPACE COPIES OF ANY PHASE I, PHASE II OR
OTHER ENVIRONMENTAL REPORT TO WHICH EXTRA SPACE CONSENTS AS PROVIDED ABOVE.
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8.2.3
TITLE AND SURVEY REVIEW.
DURING THE DUE DILIGENCE
PERIOD, HSRE SHALL REVIEW:
EXTRA SPACE'S EXISTING TITLE INSURANCE POLICIES WITH
RESPECT TO THE PROPERTY AND EXTRA SPACE'S EXISTING SURVEYS WITH RESPECT TO THE
PROPERTY.
HSRE MAY ORDER, AT HSRE'S EXPENSE, UPDATES ON THE EXISTING SURVEYS.
HSRE MAY, AT ITS SOLE EXPENSE, OBTAIN DURING THE DUE DILIGENCE PERIOD ANY
ADDITIONAL TITLE COMMITMENT(S) (THE "TITLE COMMITMENTS") FROM CHICAGO TITLE
INSURANCE COMPANY, NATIONAL OFFICE, AT 171 N. CLARK STREET, 3RD FLOOR, CHICAGO,
IL 60601, ATTENTION: RONALD K. SZOPA, AS THE "ESCROW AGENT" OR "TITLE INSURER",
OR SURVEY UPDATES DESIRED BY HSRE.
HSRE SHALL WORK DIRECTLY WITH THE TITLE
INSURER TO RESOLVE ANY OBJECTIONS TO EXCEPTIONS SET FORTH ON THE TITLE
COMMITMENTS AND SHALL PROVIDE EXTRA SPACE WITH COPIES OF FINAL, REVISED TITLE
COMMITMENTS OR PRO FORMA POLICIES, WHICH SET FORTH ONLY THOSE TITLE EXCEPTIONS
THAT HAVE BEEN ACCEPTED BY HSRE (THE "APPROVED TITLE MATTERS").
EXTRA SPACE
SHALL HAVE NO OBLIGATION TO REMOVE ANY EXCEPTIONS TO TITLE REFLECTED ON THE
TITLE COMMITMENTS EXCEPT LIENS OF AN ASCERTAINABLE AMOUNT CREATED BY EXTRA SPACE
(BUT SPECIFICALLY NOT INCLUDING LIENS TO SECURE THE EXISTING INDEBTEDNESS),
INCLUDING MECHANICS' AND MATERIALMEN'S LIENS FILED AGAINST THE EXTRA SPACE AND
JUDGMENT LIENS FILED AGAINST THE PROPERTY WITH RESPECT TO JUDGMENTS OBTAINED
AGAINST EXTRA SPACE, WHICH LIENS EXTRA SPACE SHALL CAUSE TO BE REMOVED AS
EXCEPTIONS TO THE TITLE POLICY AT CLOSING (AND IF EXTRA SPACE FAILS TO REMOVE
SUCH MATTERS AS EXCEPTIONS, BY BONDING OVER SUCH MATTERS OR OTHERWISE, HSRE MAY
DIRECT THAT A PORTION OF THE EXTRA SPACE DISTRIBUTION AMOUNT BE APPLIED TO
REMOVE SAME).
EXTRA SPACE FURTHER AGREES TO REMOVE ANY EXCEPTIONS OR
ENCUMBRANCES TO TITLE WHICH ARE CREATED BY EXTRA SPACE AFTER THE DATE OF THIS
AGREEMENT WITHOUT HSRE'S CONSENT.
HSRE MAY TERMINATE THIS AGREEMENT IF THE
TITLE COMPANY REVISES THE TITLE REPORT AFTER THE EXPIRATION OF THE DUE DILIGENCE
PERIOD TO ADD EXCEPTIONS IF SUCH ADDITIONS ARE NOT REASONABLY ACCEPTABLE TO HSRE
AND ARE NOT REMOVED AS EXCEPTIONS TO THE TITLE POLICY AT CLOSING.
8.3
TERMINATION DURING DUE DILIGENCE PERIOD.
IF
HSRE