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Ibl platters Nvl Shoxn by Ihe~lk Records. Seller shall deliver to Purchaser, on or befom dale srl forth in section 7. true copies of all
<br />lease(. 1 anJ suncy(sl in Sel lee's possession pertaining to the Pmperty and shall disclose to Purchaser all easements, liens ur other lisle maven nrn shun n
<br />by the public reconls of which Seller has equal k nnwledge. Purchases shall have the right In inspect the Pmperty Iv deter mi rte if any Third panyl sl hu<any
<br />right in the Pmperty nut shown by the public records (such as en unrecorded easement, unrecorded lease. or boundary line Jlscrepancyl. Wrinen nmict ul
<br />any unsat isfacmry cunJition(sl disclose) by Seller or revealed by such inspection shall be signed by or on behest f vl purchaser anJ giren w Seller ur Listing
<br />Crnnpany nn nr hcfort idareh 2~~ • 19_~p~ If Seller or Lis/ing Company d+xs not receive purchase s mrlice by
<br />sail Jate. Purchaser shell be deemed to have accepted lisle subject Io suchh trg6~s. if any, of Third poetics of which Purchaser has actual knuwleJge.
<br />frl R IRhI to Cure. I! Scl ter nr Listing Company receives notice of unmerchanlability of I isle or any other unwlisfaclury ril le conJil ions. 1 ass pmviJeJ
<br />in suhsection 1 al or 1 bl nboee. Seller shall use reasonable effort to correct said unsatisfactory title condiliun(s I prior lu the dale of clusi ng. I f Seller fai I+ nr
<br />correct <aid unsatisfactory lisle cundilionlsl nn or before the dale of closing. This contract shall then terminate. subject to section I7: pmviJeJ. hnsseva.
<br />Purchaser may, by written notice receive) by Seller or Listing Company on or before closing, waive objection Im said unsatislaclury title cunJitiun(s!.
<br />9. UAl'F. OF CLUSING. The dale of closing shall be AiarCh ~O , 19 --40- . or by mutual agreement at an earlier Jate.
<br />The hour enJ place of closing shall be as designated by Ly-pnB R Ea 1 ty '
<br />10. 7RANSFF,R OF TITLE. Subject to lenJer or payment on closing as required herein end compliance by Purchaser with the other Icons anJ
<br />provisions hereof. Seller shall execute and deliveragwd and sufficient CA)7P.Ta1 Wgrrg~ deed to Purchaser.
<br />nn chasing, conveying the Pmperty fret end clear of all lazes except the general lases !or the year of closing, end except ~n n~~r~ ~~~~
<br />free end clear of all Iienx for special impmscmenrs inztalleJ us ul the dare
<br />of Puchaser's signal art 1¢rcon, whether assessed or noC ezcepl distribution utility easements, including cable T V; escape those mallets ref IecleJ by the
<br />Title IHaumenlx occepled by Purchaser in accordance with subsection 8fa1: except (hose rights, if any. of rhitd panics in the Properly nut shown by the
<br />public rernnls in accordance with subsection A(bl: and subject to building and zoning regulations.
<br />11. PA5TIENT OF ENCUhIDRANCES. Any encumbrance required to he paid shall be paid el or before the lime of scldemenl lmmlhe pn>ceeJx
<br />of This transaction or fmm any other source.
<br />11. CLOSING OUSTS, DOCUMENTS AND SF.RVlCES. Pucehaser and Seller shall pay their respective closing costs al closing. except us
<br />otherwise provided hertin. Purchaser and Seller shall sign and complete all customary or required documents el or before closing. Fees for real estate
<br />usin anJ settle arts services shall nN exceed E 1 ~ 0 • DO end shall be paid al closing by
<br />~e~ween buyers and sellers
<br />U. PRORA71UN5. General lazes (vr the yeacof closing, based on the moss rtcem levy end the must recent assessment. rents: wake amt sewer
<br />charges, owner's association due<. enJ interest on continuing loan(s), if any, end
<br />Any sales, use and Transfer less Thal may accrue because of This rrensaclion shall be paid by -
<br />14. POSSESSION. Possession of the Pmperty shall be delivered~o Purchaser as follows:
<br />on or before 5 Yrida March 30 1990
<br />subject fo the following leesels)or lenancylsl:
<br />none
<br />shall be prorated m dole of closing.
<br />III 'FK
<br />If Seller after closing. foils to deliverr~'ussexsion nn the desk herein specified. Sclkr shall be subject to eviction and shall be additionally liable lu
<br />Purchaser for payment of S 1 ~~ • `• 0 per day fmm the date of agreed posseuion unfit possession ix delivered.
<br />IS. CONIIITION OF AND UAIIIAG F, TO PROPERTY'. The Pmperty anJ Inclusions shall be cunveyeJ in their presem condition. nrtlinuy
<br />wcm anJ tear exrepleJ. In the event the Pmpcrry shall be damaged by (ire or other casually prior to lime of closing, in an ammunl of nut more Than
<br />ten percent mf the tarot purchase price. Seller shall be obligated to repair the same before the dale of closing. In the event such Damage is not repaired
<br />within said time m if the damages excttJ such swn. this rnnlracl may be terminate) al the option of Purrhascr. ShuulJ Purchaser elect to carry out This
<br />mntmct Jespirc such damage. Purchaser shall be entitled to credit for all the insurance proceeds resulting fmm :uch damage to the Pmperty anJ
<br />Inclusions. not ezcecding, however, the tmlal purchase price. Should any Inclusinn(sl or service(sl fail or 6e damaged between the dale of This cunlma
<br />anJ the dale of closing nr the Jate of possession, whichever shall be earlier. then Seller shall be liable fur the repair mr replacement of such Inclusivnlsl
<br />or scr vices sl wish a unit of similar size. age and quality, or an equivalent credit, less any insurance proceeds receive) by Purchaser covering such
<br />repair nr replattment. The risk of loss fur any Damage to growing crops. by Bre or other casually, shall be borne by the parry entitle) la the growing crops.
<br />if any, as pmviJed in scaiun 2 and such party shall be entitled to such insurance pnrceeds ar benefits for the growing gimps, if any.
<br />IR. TIME OF ESSENCFJREMEUI F,S. Time is of the essence hereof. If any nme or check received as earnest money hereunJer or any other
<br />payntcm Jue hereunJer ix not paid, honoreJ or tendered when due, ur if any other obligation hereunder ix not perfurmeJ or waived as herein pmviJeJ.
<br />then shall ere the following remedies:
<br />sal IF' PURCIIASF,R IS IN UF,FAUI,T:
<br />IF TIIE BOX IN SUBSECTION (II IS CHECK ED. SELLER'S REMEDIES SHALL DE AS SET FORTY IN SUBSECTION 111
<br />(SPECIFIC PGRFORMANCEI: IF SAIU BOX I$ NOT CHECKED, SELLER'S REM EUIES SHALL BE A$ SET
<br />FORfII IN SUBSECTION (211LIQUIDATEU DAMAGESI~
<br />~II SpeclBc Performance.
<br />Seller may elect to I rest this conrracl ax caneelkd, in which case all paymens end Things of value received hereunder shall be forfeileJ'and retaineJ
<br />nn hehalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect lu heal this cnnlract ass being in full force ems alters
<br />and Seller shall have the right to specific performance or damages, or bu1h.
<br />121 Llquldaled Damages. ,
<br />All payments and things sd value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller anJ both parries shall (hereafter
<br />he released fmm ell obligations hereunder. 11 is agreed Thal such payments and Things of value are LIQUIDATED DAMAGES and lucept ar
<br />pmviJed in subsection fell arc SELLER'S SOLE AND ONLY R EM EDY for Purchaser's failure to perform the obligations of This contract. Seller
<br />expressly waives the remedies vl specific performance and additional damages.
<br />Ib11F SELLER IS IN DEFAULT:
<br />Purchaser may elect to veal This conuact es cancelled. in which case all payments end things of value received hereunJer shall be rtlurneJ unJ
<br />Purchaser ntay recover such damages es may be proper, or Purchaser may elect to (reel Ihls contrecl as being in full force end effect anJ
<br />Pumhaar shall have the right to specific performance or damages. or both. .
<br />Irl COS I'S ANU EXPENSES.
<br />Anything In the contrary hertin notwithstanJing, in the even) of any litigation or arbitration arising out of This conlracL the :ours shall ewanl lu
<br />the prevailing parry all reasonable costs and expense, including attorney lees, ~.
<br />I7. EARNEST 1110NEY DISPUTE. ~ Notwithstanding any lerminalion of This conrrecr, Purchaser end Seller agree Thal, in the event of any
<br />coot mceny regartling the earnest money and things of .aloe held by broker or casing agent: unless mamas written lost ructions ere received by the huller
<br />of the earnest noney enJ things of slue, broker or closing egenr shall not be required to lake any action but may await any proceeding. or a1 broker i or
<br />closing agent's option and sole discretion. may inlerplead ell parries and deposit any moneysor things of value into ecourt sd competent jurisdiction enJ
<br />shall recover cuurr rolls end rtasonable attorney fees. ~.
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