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Res 2004-094
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Res 2004-094
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10/8/2004 2:53:13 PM
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10/8/2004 2:50:03 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Earnest Money
Number
2004-94
Date
5/10/2004
Volume Book
155
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7. APPROVAL PERIOD. <br /> <br />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 30 days to cure any objections by the Buyer. If the Seller delivers written notice <br />to the Buyer that the Seller is unable or umvilling to cure the objections, the Buyer <br />may either waive the °bj ections 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 />uncured 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 />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 special 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 under paragraph 7 below will be <br />deemed to fulfill all duties of the Seller as to the sufficiency of title; provided <br />however, the Seller will not be released from the warranties of the Seller's deed. <br /> <br />CLOSING. The closing of the sale shall be on or before June 15, 2004 (the "Closing Date") <br />at the office of the 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) <br /> <br />A special warranty deed conveying the Property, in the form described in the <br />attached Exhibit B, subject only to exceptions approved or accepted by the <br />Buyer under paragraph 6; <br /> <br />(2) <br /> <br />An Owner's Policy of Title Insurance (the "Title Policy") issued by the Title <br />Company in the full amount of the Sales Price, dated as of the Closing Date, <br />insuring Buyer's fee simple title to the Property subject to the permitted title <br />exceptions and the standard printed exceptions contained in the usual form of <br />the Title Policy in this state; <br /> <br />(3) <br /> <br />A signed original of the "Voluntary Purchase of Real Property by an Agency <br />or Person with Eminent Domain Authority," attached as Exhibit A <br /> <br />(4) Possession of the Property and any keys to it; and <br /> <br /> <br />
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