DISCLOSED BY AN ACCURATE SURVEY OR WOULD BE
APPARENT FROM A VISIBLE INSPECTION OF THE REAL PROPERTY TO THE EXTENT THE SAME
ARE OF A MINOR NATURE AND DO NOT MATERIALLY AND ADVERSELY AFFECT THE USE OR
VALUE OF THE ASSETS AS TIMBERLANDS, OR ANY PORTION THEREOF;
(VIII)
PRIOR RESERVATIONS OR CONVEYANCES OF GYPSUM, GRAVEL OR OTHER
MATERIALS NOT DEFINED AS MINERALS, MINERAL RIGHTS, MINERAL ACCESS AGREEMENTS OR
MINERAL LEASES OF EVERY KIND AND CHARACTER TO THE EXTENT THE SAME ARE OF A MINOR
NATURE AND DO NOT MATERIALLY AND ADVERSELY AFFECT THE USE OR VALUE OF THE ASSETS
AS TIMBERLANDS, OR ANY PORTION THEREOF; AND
(IX)
[INTENTIONALLY DELETED]; AND
(X)
ANY TITLE ENCUMBRANCES OR EXCEPTIONS THAT ARE SET FORTH IN THE
TITLE REPORTS OR COMMITMENTS OBTAINED BY PURCHASER TO WHICH PURCHASER DOES NOT
OBJECT DURING THE INSPECTION PERIOD (TOGETHER WITH THE ITEMS LISTED ABOVE, THE
"PERMITTED EXCEPTIONS").
(C)
WITH REGARD TO ANY MATTER AFFECTING TITLE WHICH IS NOT A PERMITTED
EXCEPTION AND TO WHICH PURCHASER HAS A RIGHT HEREUNDER TO AND DOES OBJECT IN
WRITING PRIOR TO THE EXPIRATION OF THE INSPECTION PERIOD, INCLUDING ANY LEASE OR
CONTRACT TO WHICH THE PURCHASER OBJECTS PRIOR TO THE EXPIRATION OF THE
INSPECTION PERIOD (A "TITLE DEFECT"), SELLER MAY, BUT SHALL HAVE NO OBLIGATION
TO, ATTEMPT TO CURE AND REMOVE SUCH TITLE DEFECTS.
IF SELLER IS UNWILLING OR
FAILS TO CURE OR REMOVE ANY TITLE DEFECTS, THEN PURCHASER'S SOLE REMEDY SHALL BE
THOSE REMEDIES AVAILABLE TO IT IN SECTION 9 OF THIS AGREEMENT.
(D)
SELLER SHALL MAKE AVAILABLE TO PURCHASER AS OF THE EFFECTIVE DATE, AND
PROVIDE COPIES WITHIN TEN (10) DAYS OF THE EFFECTIVE DATE, COPIES OF ALL
CONTRACTS AND LEASES (COLLECTIVELY, THE "TEMPORARY ENCUMBRANCES").
PURCHASER
AGREES TO ACCEPT THE ASSETS SUBJECT TO THE TEMPORARY ENCUMBRANCES, WITHOUT
ADJUSTMENT OR REDUCTION OF THE PURCHASE PRICE.
AT CLOSING, SELLER SHALL ASSIGN
AND PURCHASER SHALL ASSUME SELLER'S RIGHTS, DUTIES, OBLIGATIONS AND LIABILITIES
UNDER THE TEMPORARY ENCUMBRANCES ARISING OR OCCURRING ON OR AFTER THE DATE OF
CLOSING, PURSUANT TO A MUTUALLY ACCEPTABLE ASSIGNMENT AND ASSUMPTION AGREEMENT
(THE "ASSIGNMENT AND ASSUMPTION OF TEMPORARY ENCUMBRANCES").
ANY INCOME DUE
UNDER THE TEMPORARY ENCUMBRANCES SHALL BE PRO-RATED AS OF THE CLOSING DATE.
(E)
AT CLOSING, THE SELLER SHALL EXECUTE AND DELIVER TO PURCHASER A SPECIAL OR
LIMITED WARRANTY DEED (OR SUCH DEED EQUIVALENT ACCEPTABLE PURSUANT TO NOVA
SCOTIA AND CANADIAN LAW) FOR EACH LAND REGISTRATION DISTRICT IN WHICH THE REAL
PROPERTY IS LOCATED, WARRANTING TITLE AGAINST THE CLAIMS OF ALL PERSONS CLAIMING
BY, THROUGH OR UNDER SELLER (INCLUDING SELLER'S PREDECESSOR IN TITLE,
KIMBERLY-CLARK, INC.), BUT AGAINST NONE OTHER AND SUBJECT ONLY TO SPECIFIC
INSTRUMENTS OR DOCUMENTS EFFECTING THE TITLE WHICH ARE PERMITTED EXCEPTIONS
(EACH, A "DEED", AND COLLECTIVELY, THE "DEEDS").
THE DEEDS AND THE ATTACHED
DESCRIPTIONS OF THE LAND SHALL BE IN A FORM SUITABLE FOR THE CONVEYANCE OF TITLE
TO PURCHASER, INCLUDING THE ATTACHMENT OF THE MAPS DEPICTED IN EXHIBIT A, AND
FOR (1) REGISTRATION UNDER THE REGISTRY ACT FOR THOSE PARCELS OF THE LAND NOT
REGISTERED UNDER