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08-08-2007 Council Agenda
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08-08-2007 Council Agenda
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Property, will be allocated between Seller and Buyer as <br />of the Possession Date, so that Seller pays that part <br />of such other operating costs payable before the <br />Closing Date, and Buyer pays that part of such <br />operating costs payable from and after the Closing <br />Date. <br />(f) Attorney's Fees. Each of the parties will pay its own <br />attorneys fees, except that a party defaulting under <br />this Agreement or any closing document will pay the <br />reasonable attorney's fees and court costs incurred by <br />the nondefaulting party to enforce its rights regarding <br />such default. <br />6. Title Examination. Title Examination will be conducted <br />as follows: <br />(a) Seller's Title Evidence. Seller shall within fifteen <br />(15) days after the date of this Agreement, furnish the <br />following (collectively the "Title Evidence ") to Buyer: <br />(1) Title Evidence. If the Real Property is abstract <br />property, Seller shall deliver to Title or Buyer <br />an Abstract of Title to the Real Property <br />certified to a current date to include all <br />appropriate judgment and bankruptcy searches. If <br />the Real Property is registered property, Seller <br />shall deliver to Title or Buyer a Registered <br />Property Abstract to the Real Property certified <br />to a current date to include all appropriate <br />judgment and bankruptcy searches. In lieu of an <br />Abstract or a Registered Property Abstract Seller <br />may, at its cost, provide a Commitment for an ALTA <br />Owner's Policy of Title Insurance insuring title <br />to the Real Property, deleting standard exceptions <br />and including affirmative insurance regarding <br />zoning, appurtenant easements, and such other <br />matters as may be identified by Buyer, in the <br />amount of the Purchase Price. <br />(b) Buyer's Objections. Within fifteen (15) days after <br />receiving the last of the Title Evidence, Buyer will <br />make written objections ( "Objections ") to the form <br />and /or contents of the Title Evidence, or at Buyer's <br />8 <br />
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