01-28-2004 Additions - Laserfiche WebLink

Home Browse Search

b. If Seller does not give notice of intention to remake title marketable, or if notice is given, but the 45 -day period expires without title being made marketable, Buyer may seek, as permitted by law, one or more of the following: (1) Proceed to closing without waiver or merger in the deed of the objections to title and without waiver of any remedies, and may: (a) Seek damages, costs, and reasonable attorneys' fees from Seller as permitted by law; and /or (b) Demand a portion of the purchase price, which is sufficient to cure the title objections, be deposited into an escrow account and held until the title objections are cured; and /or (c) Undertake proceedings to correct the objections to title; (2) Rescission of this Purchase Agreement by notice as provided herein, in which case the Purchase Agreement shall be void and all earnest money paid hereunder shall be refunded to Buyer; (3) Damages from Seller together with costs and reasonable attorneys' fees, as permitted by law; (4) Specific performance within six months after such right of action arises. c. If title is marketable, or is made marketable as provided herein, and Seller default in any of the agreements herein, Buyer may, as permitted by law: (1) Seek damages from Seller including costs and reasonable attorneys' fees; and /or (2) Seek specific performance within six months after such right of action arises. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS AGREEMENT. 15. Notice. Any notice required or permitted by this Purchase Agreement or the purchase money mortgage shall be considered to have been given and received if personally delivered to the parties or their agents personally or deposited in the United States mail postage prepaid by certified or registered mail addressed to the parties at the following addresses: Seller: Buyer: Mr. Ali Enyati 594 County Road B2 Little Canada, MN 55117 City of Little Canada Attn: City Administrator 515 Little Canada Road East Little Canada, MN 55117 16. Indemnification. Seller agree to indemnify and hold Buyer, its successors and assigns, harmless of and from any and all liabilities, claims, causes of action, penalties, demands and expenses of any kind or nature -4- 6