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06-27-2018 Council Packet - final
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06-27-2018 Council Packet - final
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5 <br />Seller or the Real Property, (b) there has been no skill, labor or material furnished to the Real <br />Property for which payment has not been made or for which mechanics' liens could be filed; <br />and (c) there are no other unrecorded interests in the real Property, together with whatever <br />standard owner's affidavit and/or indemnity (ALTA Form) which may be required by Title to <br />issue the Policy described in Section 10 of this Agreement. <br />7.9. Original Documents. Original copies of the Contracts, the permits, the <br />Warranties, the Plans and the Records if in the possession of Seller. <br /> <br />7.10 FIRPTA Affidavit. A non-foreign affidavit, properly executed and in <br />recordable form, containing such information as required by IRC Section 1445(b) (2) and its <br />regulations. <br /> <br />7.11 Owner's Duplicate Certificates of Title. The owner's duplicate certificates <br />of title regarding the Real Property, if any. <br /> <br />7.12 IRS Reporting Form. The appropriate Federal Income Tax reporting form, if <br />any, as required. <br /> <br />7.13 Other Documents. All other documents reasonably determined by Buyer to <br />be necessary to transfer the Property to Buyer free and clear of all encumbrances, except <br />the Permitted Encumbrances. <br /> <br />8. Buyer's Closing Documents. On the Closing Date, Buyer will execute and/or <br />deliver to Seller the following (collectively, "Buyer's Closing Documents"): <br /> <br />8.1 Purchase Price. The Purchase Price, by wire transfer of U.S. Federal Funds <br />(or by certified check] to be received in Title's trust account (delivered to Seller] on or before <br />11:00 a.m. local time on the Closing Date. <br /> <br />8.2 Assumption Agreement. An Assumption Agreement in a form agreeable to <br />Seller, pursuant to which Buyer will assume all obligations of Seller under the Contracts and <br />the Permits that accrue after the Closing Date. <br /> <br />8.3 Title Documents. Such affidavits of Purchaser, Certificates of Value or other <br />documents as may be reasonably required by title in order to record the Seller's Closing <br />Documents and issue the Policy. <br /> <br />9. Prorations. Seller and Buyer agree to the following prorations and allocations of <br />costs regarding this Agreement: <br /> <br />9.1 Title Insurance and Closing Fee. Seller will pay all costs of the title <br />Evidence described in Section 10 of this Agreement and the fees charged by Title for any <br />escrow required regarding Buyer's Objections. Buyer will pay the premium or cost of the <br />Policy and all additional premiums required for the issuance of any mortgagee's title <br />insurance policy required by Buyer. Seller and Buyer will each pay one-half of any <br />reasonable and customary closing fee or charge imposed by any closing agent designated by <br />Title. Owner’s premium and any mortgagee’s premium shall be paid by BuyerSeller’s costs <br />at for the closing fee shall be capped at $500. <br /> <br />9.2 Deed Tax. Seller shall pay all state deed tax regarding the Limited Warranty <br />Deed to be delivered by Seller under this Agreement. Buyer shall pay all Mortgage Registry <br />Tax.
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