Res 1978-025 - Laserfiche WebLink

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.. (8) 1nere are no deed reslTictions adversely affecting any portion of the P;operty, 86d (C) Prior to Closing, Seller shall not create or allow to be created any ease.. ments or other conditions affecting any portion of the Property without the prior written consent of the Buyer. (D) Seller has received no notice of pending or threatened conde~tion or similar proceeding or assessment affecting the Property, or any p3.rt thereof, nor to the best knowledge and belief of Seller is any such proceeding Or, assessment contemplated by any governmental authority, I (E) Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions related to the Property, or any p3.rt thereof. VIII. EUYER'S DEfAULT, Should Buyer fail to consummate this agreement for any reason, except in the case of a termination of the agreement by Buyer in accordance with this agree~ent or as a result of default by Seller under any of the terms, conditions or contingen- cies herein contained, the Seller will have the right to receive the Earnest Money deposit as liquidated damages, or enforce specific perforrrance of this agreement. IX. SELLER'S DEFAULT In the event of failure of Seller to show good and marketable title by obtaining the owner's title policy comni tment in the fom above specified and of failure to timely cure any objections to Title or in the event of default by Seller in the per- formance of any of the terms, conditions, or provisions hereof, the Earnest Money shall be returned to Buyer upon the cancellation and return of this agreement, or Buyer Il'dY waive any such objections and enforce specific perform3Ilce of this agreement, x. Miscellaneous, Each party reserves the right to waive, in whole or in p~, any provision inserted for such party's benefit or account. IA. mSCELLANEOUS B. Brokerage Fee, Seller agrees to fBY to Fi'1ancial Industries Real Estate Corporation as agent for this transaction, a brokerage fee in the arrount of Six Per- cent (6%) of the Purchase Price, to be fBid in cash at Closing. C. Notices, All notices and requests required or permitted to be given under the terms of this agreement shall be in writing and unless otherwise specifiect, shall be sent either by registered or certified Il'dil, return receipt requested, to the p3.rty at his address specified below. Deposit in the mails, properly addressed, shall con- stitute delivery on such date of deposit in the Il'dil. D. Binding Effect and Survival. This agreement shall inure to the benefit of and be binding upon the respective heirs, administrators and executors, successors and assigns of all persons whose names are subscribed hereto. The terms of this agreement shall survive the Closing and shall not be merged in any conveyance delivered at Closing, Time is of the essence of this agreement, E, Entire Agreement, This agreement sets forth the entire understanding of the rarties and supersedes all prior agreements, arrangements or c~ica.tions, whether ori3.l- or written, and this agreement Il'dY not be rrodif ied or amended except by written ag:.ent of Buyer and Seller. IIIr. Risk of Loss, Seller assumes all risks of loss to the improvem~1ts on the Property and all risks of public liability prior to the date and time of the actual delivery of the Deed of the Property by Seller to Buyer, except as to employees, agents, or representatives of Buyer who are on the Property at the direction of the Buyer.