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Res 2005-041
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Res 2005-041
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11/14/2005 3:35:42 PM
Creation date
11/14/2005 3:35:12 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2005-41
Date
4/6/2005
Volume Book
161
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<br />-2- <br /> <br />6. APPROVAL PERIOD. <br /> <br />A Within 10 days after receiving the Title Commitment and the documents referred to in <br />the Title Commitment, the Buyer will review them and deliver to the Sener in writing <br />any objections the Buyer has to anything contained in them. In addition, in the event <br />the Buyer receives any revised Title Commitments before closing, the Buyer will have <br />10 days after receipt of each revised Title Commitment and the documents referred to <br />in it, to review them and to deliver in writing to the Seller any objections the Buyer <br />has to any items shown in them. Any matters to which the Buyer does not object will <br />be deemed to be accepted by the Buyer. The Seller will have 15 days to cure any <br />objections by the Buyer. If the Seller delivers written notice to the Buyer that the <br />Seller is unable or unwilling to cure the objections. the Buyer may either waive the <br />objections and accept the title subject to the objections, 1M witfi it re4ue1i9B ill tIHt ~ /' _,11 <br />Sales PAss te l'efieet the diminished valt1~ of t~ Property 1'vith the ULlGu1cd P' JJftJ <br />objtctiQmI, or terminate this Contract by written notice to the Seller, in which event <br />the Eamest Money will be refunded to the Buyer. A lien for current ad valorem taxes <br />not yet due and payable will not be a valid objection to title. <br /> <br />B. It is understood and agreed that this contract is subject to the approval of the tenns of <br />the contract by the City Council of the City of San Marcos within 30 days of the <br />effective date hereof In the event the City Council does not approve of the terms as <br />stipulated herein, this agreement shall be null and void as to all its terms and <br />conditions. <br /> <br />C. 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 under paragraph 7 below will be <br />deemed to ful1ill 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 />7_ CLOSING. The closing of the sale shall be on a date (the "Closing Date") on or before May <br />1, 200S, 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 deed conveying the Property, subject only to exceptions <br />approved or accepted by the Buyer under 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 in <br />
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