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2018.09.17 CC Packet
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2018.09.17 CC Packet
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City Council
Document Type
Agenda/Packets
Meeting Date
9/17/2018
Meeting Type
Regular
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6. Prorations. Seller and Buyer agree to the following pro -rations and <br />allocation of costs regarding this Agreement: <br />6.1 Title Insurance and Closing, Fee. Seller will pay all costs of the Title Evidence. <br />Buyer will pay the premium required for the issuance of the Title Policy. Seller <br />and Buyer will each pay one-half of any closing fee or charge imposed by the <br />Title Company. <br />6.2 Deed Tax. Seller shall pay all State Deed Tax payable in connection with this <br />transaction. <br />6.3 Real Estate Taxes and Special Assessments. Real Estate Taxes and installments <br />of Special Assessments payable in the year in which Closing occurs shall be pro- <br />rated based upon the Closing Date. <br />6.4 Other Costs. All other operating costs of the Property shall be allocated between <br />Seller and Buyer as of the Closing Date, so that Seller pays that part of operating <br />costs payable before the Closing Date and Buyer pays that part of operating costs <br />payable from and after the Closing Date. <br />6.5 Attorneys' 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 attorneys' fees and court costs incurred by the nondefaulting party to <br />enforce its rights hereunder. <br />7. Title Examination. Title Examination will be conducted as follows: <br />7.1 Seller's Title Evidence. Seller shall, within 60 days after the Effective Date, <br />furnish the following ("Title Evidence") to Buyer: (a) a commitment ("Title <br />Commitment") for an ALTA 2006 Owner's Policy of Title Insurance ("Title <br />Policy") insuring title to the Real Property, in the amount of the Purchase Price, <br />issued by the Title Company; (b) a current survey prepared by a registered land <br />surveyor and complying with Minimum Standard Detail Requirements for <br />ALTA/ACSM Land Title Surveys (2005) (COMMENT # JACK TO <br />REVIEW) <br />7.2 Buver's Objections. Within 10 days after receiving the Title Evidence, Buyer will <br />make written objections ("Objections") to the form and/or contents of the Title <br />Evidence. Any matter shown on such Title Evidence and not objected to by <br />Buyer within the foregoing 10-day period, shall be a "Permitted Encumbrance" <br />hereunder. Seller will have 30 days after receipt of the Objections to cure the <br />Objections, during which period the Closing will be postponed, if necessary. <br />Seller shall use its best efforts to correct any Objections. To the extent an <br />Objection can be satisfied by the payment of money only, Seller shall have the <br />right to apply a portion of the cash payable to Seller at the Closing to the <br />satisfaction of such Objection, and the amount so applied shall reduce the amount <br />of cash payable to Seller at the Closing. If the Objections are not cured within <br />such 30-day period, Buyer will have the option to do any of the following: <br />7.2.1 Terminate this Agreement; or <br />IN <br />
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