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<br />3.2 Cash at Closing. On the Closing Date, the BUYER will pay to the SELLER <br />the sum of Eight Hundred Seventeen Thousand Dollars ($817,000.00), equal to Ninety <br />Five percent (95%) of the Purchase Price, subject to applicable prorations as may be <br />herein provided, in the form of a check together with the Earnest Money Deposit,. <br /> <br />4. AbstractlTitle. Prior to closing SELLER, at SELLER's expense, shall furnish <br />BUYER with an abstract of title prepared by a reliable abstract company showing <br />marketable title of the SELLER to the property described in this Agreement, continued <br />as of the date of this Agreement or subsequent. <br /> <br />If SELLER's title is not insurable or free of defects and cannot be made so within <br />sixty (60) days after notice containing a written statement of defects delivered to <br />SELLER or within any mutually agreeable written extension, then the Earnest Money <br />Deposit shall be refunded, without interest, and all rights of the BUYER are terminated, <br />except that BUYER may waive defects and elect to purchase. However, if the sale is <br />approved by the SELLER and the SELLER's title is insurable or marketable and the <br />BUYER for any reason fails, neglects, or refuses to complete the purchase and to make <br />payments promptly, as set forth above, then the SELLER shall be paid the Earnest <br />Money as liquidated damages for the failure to consummate the sale and purchase, <br />which payment shall constitute an election of remedies and SELLER's sole remedy <br />under this Agreement. <br /> <br />5. Property Condition. The BUYER acknowledges it has had an adequate <br />opportunity to inspect the Property. <br /> <br />6. Closing. The BUYER and the SELLER agree that the purchase of the Property <br />will be consummated and deliveries shall be made as follows: <br /> <br />6.1 Closing Date. The sale of the Property will close on a date to be mutually <br />agreed upon date by BUYER and SELLER, not to exceed sixty (60) days from the <br />Effective Date (the "Closing Date"), unless the Closing Date is extended by mutual <br />written agreement. <br /> <br />6.2 Seller's Instruments. On the Closing Date, the SELLER will deliver or cause <br />to be delivered to the BUYER the following items (all documents will be duly executed <br />and acknowledged where required): <br /> <br />6.2.1 Warranty Deed. SELLER shall execute a Warranty Deed conveying all <br />of the SELLER's right, title and interest to the Property to the BUYER, subject to <br />the provisions of this Agreement. Said Warranty Deed shall contain a provision <br />stating that special assessments on the subject property (as well as other <br />property) shall be assumed by BUYER (all as discussed in paragraph 3 <br />hereinbefore). <br /> <br />6.2.2 Title Affidavits. Such affidavits and other documents as might be <br />reasonably requested by the BUYER to secure a Title Policy; <br /> <br />6.3 Buyer's Instruments. On the Closing Date, the BUYER will pay to the <br />SELLER the balance of the Purchase Price, subject to any applicable prorations, in the <br />form of a check which, along with the amount of the Earnest Money Deposit, shall <br />comprise the Purchase Price. <br /> <br />3 <br />