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<br />2.6 Cash at Closing. On the Closing Date for the Additional Property, BUYER <br />will deliver to SELLER ninety-five percent (95%) of the Purchase Price for the Additional <br />Property, subject to applicable prorations as may be herein provided, in the form of a <br />check, together with the Earnest Money Deposit. <br /> <br />2.7 Title. If BUYER exercises the option, Seller shall within 30 days after <br />delivery to it of the notice of exercise, secure and submit to BUYER for examination an <br />abstract of title prepared by a reliable abstract company showing merchantable title, <br />free and clear of all liens, encumbrances, restrictions and easements, in the Additional <br />Property. If SELLER's title is not insurable or free of defects and cannot be made so <br />within sixty (60) days after BUYER provides SELLER written statement of defects, or <br />within any mutually agreeable written extension, BUYER may clear the title to the extent <br />so required and charge the costs of clearing to SELLER or, in BUYER's discretion, may <br />terminate the contract by giving SELLER ten (10) days notice and SELLER shall return <br />to BUYER the price BUYER has paid for such option. <br /> <br />2.8 Possession and Risk of Loss. The SELLER shall continue in possession <br />of the Additional Property until closing on the Additional Property and shall maintain the <br />same in its present condition. Possession, and any related risk shall be transferred to <br />BUYER upon completion of the closing on the Additional Property. <br /> <br />2.9 Notices. All notices required hereunder will be in writing and served <br />personally or by certified mail, return receipt requested, postage prepaid or by nationally <br />recognized overnight courier service, which provides receipt for delivery, at the <br />addresses shown above, until notification of a change of such addresses. All notices <br />shall be deemed delivered one (1) business day after delivery to an independent same <br />day or overnight courier. Either party's designated counsel may execute notices. <br /> <br />2.10 Assignment and Succession. This option and the agreement resulting <br />from the exercise thereof shall bind and inure to the benefit of the heirs, administrators, <br />executors, successors and assigns of the respective parties. <br /> <br />3. Purchase Price. BUYER agrees to pay to SELLER for the purchase of <br />SELLER's interest in the Property and the Option in 92, the sum of Eight Hundred Sixty <br />Thousand Dollars ($860,000.00), plus the assumption of the special assessments, <br />which are estimated at approximately One Hundred Twenty Thousand Dollars <br />($120,000.00). It is specifically understood and agreed that that assumption of special <br />assessments relates not only to the property described in 1.1 above but also to the <br />additional property described in 2.1 above as well SELLER'S remaining property <br />located adjacent thereto. It is the intent of this provision that the assumption of special <br />assessments relates to all of SELLER'S land described currently as tax parcel # 01- <br />3500-05053-000 and is not limited to the property to be purchased (paragraph 1.1 <br />property) and the optioned property. The BUYER shall pay the Purchase Price to the <br />SELLER for the purchase of the Property in the following manner: <br /> <br />3.1 Earnest Money Deposit. Coincident with the execution of this Agreement, <br />BUYER will deliver to SELLER Forty-Three Thousand Dollars ($43,000.00), equal to <br />Five percent (5%) of the Purchase Price, as an Earnest Money Deposit. The Earnest <br />Money Deposit shall be in the form of a check and shall be applied toward the Purchase <br />Price to be paid at Closing. The Earnest Money Deposit shall be held in an escrow <br />account pending closing. <br /> <br />2 <br />