1994-03-11_GENERAL DOCUMENTS - C1981017

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before April 1, 1994. If Seller does not receive Purchaser's notice by said date, Purchaser shall be deemed to have accepted title subject to such rights, if any, of third parties, of which Purchas- er has actual knowledge. C. Title will be subject to patent reservations, prior mineral reservations and to taxes for 1994 to be prorated to date of closing. d. Seller may reserve a non-exclusive easement forty (40) feet in width along the roadway situate and in place and generally shown on Exhibit "B" attached hereto and by reference incorporated herein for access to Seller's property on the west. Seller shall provide before closing a centerline legal description of said roadway and proposed language of the reservation of this easement for the Purchaser's review and approval. Seller shall be obligated to maintain the roadway in said easement. 6. On or before March 25, 1994, the Seller will cause the corners and boundary lines of the property to be flagged by a surveyor so that the Purchaser can visually inspect and approve the property boundaries. The Purchaser shall have until April 1, 1994, to inspect and approve the property boundaries. If notice of disapproval is given to the Seller on or before April 1, 1994 , this contract shall be void, both parties shall be released from all further obligation hereunder, and the earnest money, together with accrued interest, shall be immediately paid to the Purchaser. 7. On or before March 25, 1994, the Seller shall provide the Purchaser with a copy of the existing license agreement from the Denver & Rio Grande Western Railroad Company providing for access to the subject property across the D&RGW railroad tracks. The Purchaser shall have until April 1, 1994 , to inspect and approve the license agreement. If notice of disapproval is given to the Seller on or before April 1, 1994 , this contract shall be void, both parties shall be released from all further obligation hereunder, and the earnest money, together with accrued interest, shall be immediately paid to the Purchaser. 8. Seller has filed or will file, with ten (10) days after execution of this agreement, a motion for approval in the -U. S. Bankruptcy Court requesting authorization to sell the Rock Dust Plant Tract in two separate transactions: (1. - machinery and equipment and 2. land as herein described) free and clear of all liens other than tax liens and the liens of the MLRB and OSM. Closing will be subject to approval by the Bankruptcy Court, removal of said liens, and release of MLRB and OSM liens at time of closing and also to Bankruptcy Court approval of contract for sale of the machinery and equipment. Purchaser's obligation to complete 3