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06-10-2013
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8/6/2018 6:42:24 AM
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MV EDA
EDA Document Type
Council Packets
Date
6/10/2013
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DRAFT <br /> <br /> <br />6 <br />425582v2 SJR MU210-213 <br /> <br />12. MARKETABILITY OF TITLE; EXAMINATION OF TITLE. Upon execution of <br />this Agreement, the Seller shall deliver to the Buyer the abstract for the Property, if available. <br />The Buyer shall obtain a commitment for title insurance (“Commitment”) for the Subject <br />Property. The Buyer shall have 15 days from the date of its receipt of the Commitment to review <br />the state of title to the Property and to provide the Seller with a list of written objections to such <br />title. Upon receipt of the Buyer’s list of written objections, the Seller shall proceed in good faith <br />and with all due diligence to attempt to cure the objections made by the Buyer. In the event that <br />the Seller has failed to cure objections within 30 days after its receipt of the Buyer’s list of such <br />objections, the Buyer may (i) by the giving of written notice to the Seller terminate this <br />Agreement and this Agreement shall be null and void and neither party shall have any liability <br />hereunder, or (ii) waive such objection and proceed pursuant to this Agreement. The Buyer shall <br />have the right, but not the obligation, to purchase title insurance at the Buyer’s sole cost. The <br />Seller will take no actions nor permit any liens to encumber title to the Property between the date <br />of this Agreement and the date on which the Property is delivered to the Buyer. <br /> <br />13. CLOSING COSTS AND RELATED ITEMS. Buyer will pay: (a) the closing fees <br />charged by the title insurance or other closing agent, if any, utilized to close the transaction <br />contemplated by this Agreement; (b) the premium for title insurance policy, if any, obtained by <br />the Buyer, with the exception of a comprehensive endorsement which shall be paid by the Seller; <br />and (c) recording fees required to enable the Buyer to record its deed from Seller under this <br />Agreement. Seller will pay: (a) any transfer taxes required to record the deed from Seller under <br />this Agreement; (b) all liens, encumbrances or mortgages, if any, and (c) any other recording fees <br />that may be required to give Buyer good marketable title to the Property. <br /> <br />14. POSSESSION <br /> <br />A. Possession. Seller shall transfer possession of the Property to the Buyer no later <br />than date of closing. <br /> <br />B. Removal of Property. Seller agrees to remove from the Property all debris and <br />items of Seller's personal property not included in this sale no later than date of <br />closing. Items not removed by that date will be disposed of by the Buyer, and the <br />cost of disposal will be Seller’s expense. <br /> <br />C. Utilities. Seller agrees to pay all charges for sewer, water, electric, gas, and cable <br />television or any other applicable utilities until date of closing, if any. <br /> <br />D. No encumbrances. Seller agrees not to place any liens or encumbrances on the <br />Property after the date of this Purchase Agreement. <br /> <br />15. REMOVAL OF HAZARDOUS MATERIAL. Seller, prior to vacation of the Property, <br />shall remove all substances which, under state or federal law, must be disposed of at an approved
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