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Res 2004-077
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Res 2004-077
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Last modified
10/7/2004 2:04:14 PM
Creation date
10/7/2004 1:59:05 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Earnest Money
Number
2004-77
Date
4/26/2004
Volume Book
155
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<br />Commitment as exceptions or restrictions upon the title of the Seller. <br /> <br />6. APPROVAL PERIOD. <br /> <br />A. Within 10 days after receiving the Title Commitment and the documents referred to <br />in the Title Commitment, the Buyer will review them and deliver to the Seller in <br />writing any objections the Buyer has to anything contained in them. In addition, in <br />the event the Buyer receives any revised Title Commitments before closing, the <br />Buyer will have 10 days after receipt of each revised Title Commitment and the <br />documents referred to in it, to review them and to deliver in writing to the Seller any <br />objections the Buyer has to any items shown in them. Any matters to which the <br />Buyer does not object will be deemed to be accepted by the Buyer. The Seller will <br />have 15 days to cure any objections by the Buyer. If the Seller delivers written notice <br />to the Buyer that the Seller is unable or unwilling to cure the objections, the Buyer <br />may either waive the objections and accept the title subject to the objections, but with <br />a reduction in the Sales Price to reflect the diminished value of the Property with the <br />tmcured objections, or terminate this Contract by written notice to the Seller, in <br />which event the Earnest Money will be refunded to the Buyer. A lien for current ad <br />valorem taxes not yet due and payable will not be a valid objection to title. <br /> <br />B. The Seller represents and warrants to the Buyer that at the closing the Seller will have <br />and will convey to the Buyer good and indefeasible title by general warranty deed <br />subject only to any title exceptions approved or accepted by the Buyer in accordance <br />with this paragraph. Delivery of the title policy tmder paragraph 7 below will be <br />deemed to fulfill all duties of the Seller as to the sufficiency of titlè; provided <br />however, the Seller will not be released ftom the warranties of the Seller's deed. <br /> <br />7. CLOSING. The closing of the sale shall be on a date (the "Closing Date") on or before <br />thirty (30) days of the date the City grants a variance as described in Paragraph 19.1, said <br />date being no more than ninety (90) days from the effective date hereof at the office of the <br />Title Company, at a time to be agreed upon by the Buyer and the Seller. <br /> <br />A. At the closing, the Seller will deliver to the Buyer: <br /> <br />(1) A general warranty deèd conveying the Property, in the form described in the <br />attached Exhibit B, . subject only to exceptions approved or accepted by the <br />Buyer tmder paragraph 6; <br /> <br />(2) At Buyer's expense, an Owner's Policy of Title Insurance (the "Title Policy") <br />issued by the Title Company in the full amount of the Sales Price, dated as of <br />the Closing Date, insuring Buyer's fee simple title to the Property subject to <br />the permitted title exceptions and the standard printed exceptions contained <br />in the usual form of the Title Policy in this state will be provided to Buyer; <br /> <br />(3) Possession of the Property and any keys to it; and <br />
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