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1 <br />• • <br />and except the following easements: None <br />and subject to building and zoning regulations and the following restrictive covenants: <br />Any encumbrance required to be paid maybe paid from the proceeds of this transaction. <br />S1iXGenerel taxes for 19~_ shall be apportioned to date of delivery of deed based on the moat recent lery and <br />the moat recent assessment. Personal property taxes, prepaid rents, water rents, sewer rents, and interest on encum- <br />brnncea, if any, and - <br />shell be apportioned to date of delivery of deed except that: <br />(, WCWith respeeC to the growing crops the seller and purchaser agree ae follows: <br />~. >'< The hour end place of closing shall be deli ated by - f451 da s aftE <br />urchas notifies seller that t t~e gravel deposit has been accepts ,in writing, deliver <br />~o the sef~er at <br />B,JiXPossession of premise <br />subject Co Che following leases or tenancies: Plone <br />9. 701t The risk of loss f,•om any damage to the improvements by fire or other casualty prior to date of closing shell <br />I,e on the seller, provided however that if the sellet• shall maintain insurance on said improvements which will com- <br />pensate foi• the full replacement value thereof, the seller may at his option assign the proceeds of said insurance to <br />purchaser, in which case the purchaser shall complete the transaction as herein provided. The risk of loss for any <br />damage to g~•owing crops, by fire oi• other casualty shall be borne by the party entitled to said trope as provided in <br />paragraph R, and such parlay shall be entitled to the insurance proceeds, <br />10. XDC Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered or• <br />performed es herein provided, there shall be the following remedies. In the evens a payment or any other condi- <br />tion'hereof is noC made, tendered or performed by the purchaser, then this contract shall be null end void and of no <br />effect, and both parties hereto released from all obligations hereunder, and all payments made hereon shall be re- <br />tained on behalf of the seller es liquidated damages. In the event that the seller fails to perform any condition <br />hereof as provided herein, then tl,e Purchaser may, at his election, treat the contract as terminated, end all pay- <br />ments made hereunder shall be returned to the purchaser; provided, however, that the purchaser may, at his elec- <br />tion, treat this conkrnet as being in full force and effect with the right to an action for specific performance and <br />damages. <br />11 , Xdc 1n the event the at•ller fails to approve this instrument in writing on or before -. <br />10~, or if title is not merchantable and written notice of defects is given to the seller ot• agent within the time <br />herein provided for delivery of decd and shall not be rendered merchantable within 180 days after such written notice, <br />then this contract, at pur'chaser's option, shall 1>e void and of no effect and each party hereto shall be released from <br />all oldigations hereunder and the Payments made hereunder shall be returned forthwith to purchaser upon return of <br />the abstract, if any, to seller; provided, however, that in lieu of correcting such defects, seller may, within said 180 <br />days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title ~ <br />, <br />to be free from such defects ande~~!seller shall pay full premium for such Title Insurance Policy. <br />Jfs;~,s:The property shall be surveyed by the purchaser, who shall arlu~rtce <br />p~ is not completed ar <br />then the seller shall pay <br />purchaser t y expended for the survey of said property. <br />(Conti~l~led ~~ ~ttac~led sheet) <br />13. 7~t Upon approve ereo y e se ei•, this agreement shall Become a contract between seller and purchaser and <br />shpJl~,}I•C, tAOrj~(''~T-2r ~1tlrQ~t~ f, 1(~~t:Le~~rs and assigns of said parties. <br />II LL55 ~1 F 1t CL Y~ <br />`••..,4$00 ;._'~- ~~ SN/er <br />~urchuer ~' /ate ~~ ~ <br />Purchuer ~ Dire <br />Seller approves the above contract this day~of , 19 ~ and agrees <br />to pay a commission of _.7~ of the gross sales price for services in this transaction, and agrees the the event of <br />forfeiture of payment made l,y purchaser, such payments shall be divided between the seller's broker and the seller, <br />one-half thereof to said broker, but not to exceed the commission, and the balance to the seller. <br />the costs of the survey-RaWeve <br />sale thereof not made to Brannan <br />sdior / /~~J <br />Purchaser's Address ,c1rC=' ~/~i( /~ '" ~~ ~~ ~~ step <br />Seller's Address <br />c ~ ~~ <br />it <br />