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<br />3. possession of the Property and any keys to it; and <br /> <br />4. all other documents reasonably required by the Title Company or the Buyer <br />to carry out the terms of this Contract. <br /> <br />B. At the closing, the Buyer will deliver to the Seller: <br /> <br />I. the Sales Price (less the Earnest Money) in the form of a check, and <br /> <br />2. any document reasonably required by the Title Company or the Seller to carry <br />out the terms of this Contract. <br /> <br />C. The costs for curing title matters, attorney fees incurred by the Seller, the title <br />insurance premium, and all other costs and expenses to be paid by the Seller under <br />this Contract will be the Seller's obligations. The Buyer will pay all costs identified <br />in this Contract to be the Buyer's obligations. <br /> <br />D. Rents, water, wastewater and utility charges, and any other items of income or <br />operational expenses owing in connection with the Property for the current year will <br />be prorated at the closing effective as of the Closing Date. If the Buyer's use ofthe <br />Property after closing results in the assessment of additional property taxes for prior <br />years, the additional taxes will be the obligation of the Buyer, which will survive the <br />closing. Otherwise, any additional property taxes assessed for prior years will be the <br />obligation of the Seller, which will survive the closing. <br /> <br />8. CASUAL TY LOSS. If any part of the Property is damaged or destroyed by fire or other <br />casualty loss prior to closing, the Buyer may terminate this Contract and have the Earnest <br />Money promptly refunded, or the Buyer may accept the Property in its then existing <br />condition. <br /> <br />9. DEFAULT. If the Buyer fails to comply with its obligation to purchase the PropeIiy, the <br />Seller may either enforce specific performance of this Contract, to the exclusion of its other <br />remedies, or the Seller may terminate this Contract and receive the Earnest Money as <br />liquidated damages. If the Seller fails to comply with its obligation to sell the Property, the <br />Buyer may terminate this Contract and receive the Earnest Money, thereby releasing the <br />Seller from this Contract, or the Buyer may enforce specific performance of this Contract, <br />to the exclusion of its other remedies. <br /> <br />10. CONDEMNATION. <br /> <br />If eminent domain proceedings are initiated by a third party (other than the Buyer) as to all <br />or any part of the Property before the Closing Date, the Seller will promptly give the Buyer <br /> <br />-5- <br />