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04-16-2004
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04-16-2004
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DRAFT <br /> 4.15.2004 <br /> 3.1. The amount of $10,000 as earnest money (the "Earnest Money") to be <br /> deposited by Developer with Title Insurer or such other Closer as the Authority may <br /> determine in its discretion within three (3) days after the date of this Agreement and held <br /> and disbursed under the terms of this Agreement. <br /> 3.2. The amount of$49,000 shall be payable in cash or certified check on the Date <br /> of Closing. <br /> 3.3. Subject to and upon the terms and conditions of this Agreement, Authority <br /> agrees to finance the remaining purchase price of the Property and to loan to Developer <br /> funds in the maximum sum of Two Hundred Forty Thousand and no/100ths Dollars <br /> ($240,000) (the "Loan") to facilitate the purchase of the Property. The Loan shall be <br /> evidenced by a promissory note (the "Note") payable by Developer to Authority and <br /> substantially in the form of Exhibit H attached hereto, and a mortgage (the "Mortgage") in <br /> substantially the form set forth at Exhibit I attached hereto, both of which shall be dated as <br /> of the Date of Closing pursuant to this Agreement; both the Note and Mortgage are <br /> necessary to secure repayment of the entire outstanding balance remaining to be paid by <br /> Developer to Authority for the purchase price of the Property. The Loan shall be repaid <br /> with interest as follows: <br /> • (a) Interest at the rate of four percent(4.00%)per annum shall accrue on <br /> the amount of Loan proceeds outstanding and remaining to be paid by Developer to <br /> Authority from the Date of Closing until the Loan is repaid in full. <br /> (b) Payments of principal and interest shall commence on the first day of <br /> the fourth month from the Date of Closing (the "Initial Payment Date") and <br /> continue on the first day of the seventh, tenth and thirteenth month thereafter until <br /> paid in full, with such repayment of principal and interest as contained in the <br /> schedule(the"Repayment Schedule") as set forth in Exhibit J. Such payments shall <br /> fully amortize any outstanding balance of the Loan over twelve (12) months; <br /> provided, however, the entire remaining unpaid balance of principal and interest <br /> shall be due and payable on the first day of the 13th month following the Date of <br /> Closing. <br /> 4.0. Title To Be Delivered. The Authority agrees to convey marketable fee simple title to <br /> the Property to the Developer by Quit Claim Deed in the general form of Exhibit D. The <br /> Authority's deed to the Developer will be subject to the Right of Reverter set forth in <br /> Section 17.3 of this Agreement and subject to easements of record and the encumbrances approved <br /> by Developer in accordance with Section 5.2. Should Developer determine Authority's title to the <br /> Property to be unmarketable, Developer may make objections to Authority's title in accordance with <br /> Section 5.2. Nothing contained in this Agreement shall be construed as a covenant requiring <br /> Authority to obtain marketable title to the Property if it is determined that Authority does not have <br /> marketable title. <br /> SJR-245249v4 <br /> MU205-29 <br /> 4 <br />
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