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Res 1998-152
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Res 1998-152
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4/23/2007 5:06:51 PM
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4/16/2007 4:54:55 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1998-152
Date
7/27/1998
Volume Book
133
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<br /> -3- <br /> Seller for purposes unrelated to this Contract without the written permission <br /> of the Buyer. <br /> B. Title Commitment. Within 30 days after the effective date of this Contract, <br /> the Seller will cause the Title Company to deliver the following to the Buyer <br /> at the Seller's expense: <br /> (a) A title commitment (the "Title Commitment") covering the Property <br /> binding the Title Company to issue a Texas Owner's Policy of Title <br /> Insurance on the standard form prescribed by the Texas State Board <br /> of Insurance at the closing in the full amount of the Sales Price, <br /> subject only to the exceptions approved by the Buyer in accordance <br /> with paragraph 6; and <br /> (b) True, correct, and legible copies of all instruments referred to in the <br /> Title Commitment as exceptions or restrictions upon the title of the <br /> Seller. <br /> 6. APPROVAL PERIOD. <br /> A. Within 10 days after receiving the Survey, the Title Commitment and the <br /> documents referred to in the Title Commitment, the Buyer will review them <br /> and deliver to the Seller in writing any objections the Buyer has to anything <br /> contained in them. In addition, in the event the Buyer receives any revised <br /> Title Commitments before closing, the Buyer will have 10 days after receipt <br /> of each revised Title Commitment and the documents referred to in it, to <br /> 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 <br /> object will be deemed to be accepted by the Buyer. The Seller will have 30 <br /> days to cure any objections by the Buyer. If the Sener delivers written. notice <br /> to the Buyer on or before September 25, 1998 that the Seller is unable or <br /> unwilling to cure the objections, the Buyer may either waive the objections <br /> and accept the title subject to the objections, but with a reduction in the <br /> 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 <br /> 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 /> B. The Seller represents and warrants to the Buyer that at the closing the Seller <br /> will have and will convey to the Buyer good and indefeasible title by General <br /> Warranty Deed subject only to any title exceptions approved or accepted by <br /> the Buyer in accordance with paragraph 6. Delivery of the title policy under <br /> paragraph 7 below will be deemed to fulfill all duties of the Seller as to the <br /> sufficiency of title; provided however, the Seller will not be released from the <br /> warranties of the Seller's deed. <br />
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