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Resolution 2011-008
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Resolution 2011-008
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12• BUYER'S CLOSING DOCUMENTS. On the Closing Date for any Lot, Buyer, <br />or Buyer's Successor or Assigns, will execute and/or deliver to Seller the <br />following (collectively, the "Buyer's Closing Documents"): <br />A. The Purchase Price for the Lot in cash, certified funds or wire transfer. <br />B. Such documents as may be reasonably required by Title Insurer to record <br />the Warranty Deed and issue any title policies required by this Agreement. <br />13. CLOSING COSTS AND PR ORATIONS. Real estate taxes due and payable in <br />the year any Lot is purchased shall be prorated to the Closing Date between Seller <br />and Buyer, or Buyer's Successor or Assigns, with Buyer, or Buyer's Successor or <br />Assigns, paying all real estate taxes payable after the Closing Date and Seller <br />paying all real estate taxes against the Property through the Closing Date. At <br />closing Seller shall pay all special assessments against the Lot which are levied or <br />pending as of the Closing Date for any Lot and all deferred real estate taxes and <br />special assessments. Seller shall also pay the real estate transfer fees and the costs <br />of preparing the Commitment and performing any searches. Buyer, or Buyer's <br />Successor or Assigns, shall pay all of the recording fees and the premium for the <br />title policies. Buyer, or Buyer's Successor or Assigns, and Seller shall each pay <br />one-half of the Title Insurer's closing fees, with respect to the closing for any Lot, <br />14. CONDEMNATION. If, prior to the Closing Date, eminent domain proceedings <br />are commenced against all or any part of the Property, Seller shall immediately <br />give Buyer written notice of such fact and Buyer or Buyer's Successor or Assigns <br />shall have the right (to be exercised within thirty (30) days after receipt of Seller's <br />notice) to terminate this Agreement and recover all monies paid by Buyer or <br />Buyer's Successor or Assigns hereunder. If this Agreement is so terminated, <br />neither party will have further obligations under this Agreement and any monies <br />paid by Buyer hereunder shall be immediately returned to Buyer. If Buyer does <br />not terminate this Agreement, the purchase price for the last Lots to be <br />purchased by Buyer or Buyer's Successor or Assigns shall be reduced by any <br />condemnation awards paid to Seller prior to closing on such Lots and Seller <br />shall, at closing, assign to Buyer or Buyer's Successor or Assigns all of Seller's <br />right, title and interest in and to any award made or to be made in the <br />condemnation proceedings. <br />15. REMEDIES. If Buyer, or Buyer's Successor or Assigns, fails to purchase a Lot <br />in accordance with this Agreement, and Seller has fully performed all of <br />Seller's obligations under this Agreement, as and when due, Seller shall have <br />the right to terminate this Agreement by giving written notice to Buyer. If <br />Buyer, or Buyer's Successor or Assigns, fails to cure such failure within the <br />time period specified in Section 2 of this Agreement, this Agreement will <br />A <br />
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