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06-10-2015 Council Packet
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06-10-2015 Council Packet
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estate taxes in the year of Closing. General real estate taxes and installments of <br />special assessments payable in all years prior to the year of Closing will be paid <br />by Seller. General real estate taxes payable in the year of Closing shall be <br />prorated by Seller and Buyer as of the Closing Date based upon a calendar year, <br />Seller shall pay all deferred real estate taxes or special assessments which may <br />become payable as a result of the sale contemplated hereby. If the amount of such <br />general real estate taxes and installments of special assessments payable therewith <br />cannot be determined on the Closing Date, Seller will deposit with the Title <br />Company, from the Purchase Price, an amount equal to 110% of the most current <br />estimate of such taxes and special assessment installments, assuming for <br />estimating purposes that the Real Property will be fully assessed. Such deposit <br />will be held in escrow and all interest earnings on such deposit will be paid to <br />Seller. The Title Company will retain such deposit to pay Seller's share of the <br />actual general real estate taxes payable in year of Closing and installments of <br />special assessments including interest payable therewith, paying any excess over <br />to Seller. Seller will pay any deficiency, when such general real estate taxes and <br />installments of special assessments including interest payable therewith are <br />known. <br />Recording Costs. Seller will pay the costs of recording all documents necessary to <br />place record title in the condition warranted in this Agreement. Buyer will pay the <br />cost of recording all other documents. <br />Other Costs. All other operating costs of the Property will be allocated between <br />Seller and Buyer as of the Possession Date, so that Seller pays that part ofsuch <br />other operating costs payable before the Closing Date, and Buyer pays that part of <br />such operating costs payable from and after the Closing Date. <br />(f) Attorney's Fees, Each of the parties will pay its own attorneys fees, except that a <br />party defaulting under this Agreement or any closing document will pay the <br />reasonable attorney's fees and court costs incurred by the nondefaulting party to <br />enforce its rights regarding such default. <br />6. Title Examination, Title Examination will be conducted as follows: <br />(a) <br />Seller's Title Evidence. Seller shall within ten (10) days after the date of this <br />Agreement, furnish the following (collectively the "Title Evidence") to Buyer: <br />(1) Title Evidence. If the Real Property is abstract property, Seller shall <br />deliver to Title or Buyer an Abstract of Title to the Real Property certified <br />to a current date to include all appropriate judgment and bankruptcy <br />searches, If the Real Property is registered property, Seller shall deliver to <br />Title or Buyer a Registered Property Abstract to the Real Property certified <br />to a current date to include all appropriate judgment and bankruptcy <br />searches, In lieu of an Abstract or a Registered Property Abstract Seller <br />
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