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Res 2014-113/Approving a contract with Aurelius, Ltd., a Texas Limited Partnership, for the City to purchase approximately 6.97 acres of land, being part of Farm Lots 25 and 26 out of the Original Town of San Marcos and located along Cm Allen Parkway at
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Res 2014-113/Approving a contract with Aurelius, Ltd., a Texas Limited Partnership, for the City to purchase approximately 6.97 acres of land, being part of Farm Lots 25 and 26 out of the Original Town of San Marcos and located along Cm Allen Parkway at
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1/22/2015 3:49:49 PM
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8/26/2014 9:58:01 AM
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Resolutions
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Approving
Number
2014-113
Date
8/19/2014
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2. Survey. "Survey" means an on- the - ground, staked plat of survey and metes -and- <br />bounds description of the Land, prepared by Byrne & Associates, dated after the Effective Date, <br />and certified.to comply with the current standards and specifications for a Category IA survey as <br />published by the Texas Society of Professional Surveyors. <br />3. UCC Search. "UCC Search" means reports prepared by the Title Company, or its <br />agents, stating the instruments that are on file in the Texas secretary of state's UCC records, the <br />UCC records in the jurisdiction in which Seller is located, and the UCC records of the county in <br />which the Property is located, showing as debtor Seller and all other owners of the Personal <br />Property during the five years before the Effective Date of this contract. <br />4. Delivery of Title Commitment, Survey, UCC Search, and Legible Copies. Seller <br />must deliver the Title Commitment to Buyer by the deadline stated in section A.2.; the UCC <br />Search by the deadline stated in section A.4.; and legible copies of the instruments referenced in <br />the Title Commitment, and UCC Search by the deadline stated in section A.5. Buyer will obtain <br />the Survey within the deadline stated in section A.3 and provide a copy to Seller upon receipt by <br />Buyer. <br />5. Title Objections. Buyer has until the deadline stated in section A.6. ( "Title <br />Objection Deadline ") to review the Survey, Title Commitment, UCC Search, and legible copies <br />of the title instruments referenced in them and notify Seller of Buyer's objections to any of them <br />( "Title Objections "). Buyer will be deemed to have approved all matters reflected by the Survey, <br />Title Commitment, and UCC Search to which Buyer has made no Title Objection by the Title <br />Objection Deadline. The matters that Buyer either approves or is deemed to have approved are <br />"Permitted Exceptions." If Buyer notifies Seller of any Title Objections, Seller has ten days from <br />receipt of Buyer's notice to notify Buyer whether Seller agrees to cure the Title Objections <br />before closing ("Cure Notice "). If Seller does not timely give its Cure Notice or timely gives its <br />Cure Notice but does not agree to cure all the Title Objections before closing, Buyer may, within <br />five days after the deadline for the giving of Seller's Cure Notice, notify Seller that either this <br />contract is terminated or Buyer will proceed to close, subject to Seller's obligations to resolve the <br />items listed in Schedule C of the Title Commitment, remove the liquidated liens, remove all <br />exceptions that arise by, through, or under Seller after the Effective Date, and cure only the Title <br />Objections that Seller has agreed to cure in the Cure Notice. At or before closing, Seller must <br />resolve the items that are listed on Schedule C of the Title Commitment, remove all liquidated <br />liens, remove all exceptions that arise by, through, or under Seller after the Effective Date of this <br />contract, and cure the Title Objections that Seller has agreed to cure. <br />G. Inspection Period <br />1. Review of Seller's Records. Seller will deliver to Buyer copies of Seller's Records <br />specified in Exhibit C, or otherwise make those records available for Buyer's review, by the <br />deadline stated in section A.7. <br />2. Entry onto the Property. Buyer may enter the Property before closing to inspect it, <br />subject to the following: <br />4 <br />
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