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Res 2000-167
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Res 2000-167
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7/24/2006 11:41:50 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
2000-167
Date
9/11/2000
Volume Book
141
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<br />MBT Draft 8-31-00 <br /> <br />Seller in writing any objections the Buyer has to anything contained in them. In <br />addition, in the event the Buyer receives any revised Title Commitments before <br />closing, the Buyer will have 10 days after receipt of each revised Title Commitment <br />and the documents referred to in it, to review them and to deliver in writing to the <br />Seller any objections the Buyer has to any items shown in them. Any matters to <br />which the Buyer does not object will be deemed to be accepted by the Buyer. The <br />Seller will have 30 days to cure any objections by the Buyer. If the Seller delivers <br />written notice to the Buyer, within 10 days of receiving a notice of objections, that <br />the Seller is unable or unwilling to cure the objections, the Buyer may either waive <br />the objections and accept the title subject to the objections, but with a reduction in <br />the Sales Price to reflect the diminished value of the Property with the uncured <br />objections, or terminate this Contract by written notice to the Seller, in which event <br />the Earnest 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. 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 paragraph 6. 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 />7. CLOSING. The closing of the sale will be on or before November 30, 2000 (the "Closing <br />Date") at the office of the Title Company, at a time to be agreed upon by the Buyer and the <br />Seller. <br /> <br />A. At the closing, the Seller will deliver to the Buyer: <br /> <br />1. a General 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. 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 the Buyer's fee simple title to the Property subject to the permitted <br />title exceptions and the standard printed exceptions contained in the usual <br />form of the Title Policy, except that the exceptions for restrictive covenants, <br />survey, and rights of parties in possession will be deleted; <br /> <br />3. possession of the Property and any keys to it; and <br /> <br />-4- <br />
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