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201400640
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Last modified
7/20/2017 10:14:31 AM
Creation date
2/4/2014 11:24:07 AM
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DEEDS
Inst Number
201400640
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201400640 <br /> 3. Real Estate Taxes& Insurance. Seller shall pay all taxes and assessments on the Property <br /> attributable to the calendar year 2012 and years previous. Except as provided in Section 13 of this <br /> Agreement, below, Buyer shall pay all taxes and assessments on the Property attributable to the calendar <br /> year 2014 and all subsequent years. Except as provided in Section 13 of this Agreement, below, Buyer <br /> and Seller shall pro rate all taxes and assessments on the Property attributable to the calendar year 2013. <br /> From and after the date of this Agreement, Buyer covenants and agrees to, at all times and at Buyer's <br /> expense, keep all improvements situated on the Property insured under an insurance policy in an amount <br /> equal to the full insurable value of the Property, and to pay when due all premiums on such insurance. <br /> Seller shall be named as an additional insured on all policies, which shall also provide for Notice of <br /> Cancellation to the insured and Seller at least thirty(30)days prior to the effective date of cancellation. <br /> 4. Delivery of Deed in Escrow. Upon execution of this Agreement, a Warranty Deed (or <br /> Warranty Deeds, if more than one deed is required) duly executed by Seller conveying the Property to <br /> Buyer shall be delivered in escrow to LDNI Business Services, Inc., a Nebraska corporation (`Bscrow <br /> Agent"), and shall, as provided by the escrow instructions given to the Escrow Agent, be delivered to <br /> Buyer upon fulfillment of Buyer's obligation to Seller under the terms of this Agreement. <br /> 5. Seller's Performance Upon Buyer's Default. If Buyer fails to pay any such taxes, <br /> charges, assessments or premiums for insurance, or fails to pay any amount due upon or fails to perform <br /> any condition or covenant of this Agreement before the same shall have become delinquent, Seller shall <br /> have the right to pay or procure the same, with necessary costs charged to Buyer. The amount so <br /> advanced and its repayment shall be secured hereby and shall be repaid to Seller by Buyer. If Escrow <br /> Agent is notified in writing by Seller of any such advances, he shall not deliver the deed to Buyer until <br /> repayment is made. If Seller institutes suit against Buyer to enforce Seller's rights under this Agreement <br /> and obtains a valid judgment against Buyer, Buyer agree to pay all costs, expenses and attorney's fees of <br /> Seller. <br /> 6. Survey. Seller shall provide Buyer with its most current survey of the Property. To the <br /> extent that no survey is available, or if the survey provided by Seller is insufficient in the sole discretion <br /> of Buyer, Buyer shall have the option to order a survey of Property. The cost of the survey shall be <br /> shared equally by Buyer and Seller. <br /> 7. Marketable Title. Seller represents and warrants that it holds fee simple title to the <br /> Properly to be conveyed under the terms set forth herein, subject only to easements and restrictions of <br /> record, and that the Property is free and clear of all liens, encumbrances or special taxes levied or assessed <br /> against it. Buyer may, at its option and in its sole discretion, at any time demand that Seller provide <br /> Buyer with an updated title search or commitment for title insurance, issued through Grand Island <br /> Abstract, Escrow & Title Company of Grand Island, Nebraska, showing good and marketable title in <br /> Seller, to Buyer's reasonable satisfaction. Any policy of title insurance shall be issued by said title <br /> insurance company on its standard form, with such printed exceptions as appear on the form and any <br /> further exceptions and encumbrances as are acceptable to Buyer. For purposes of this Agreement, <br /> marketable title shall include Buyer's right of unrestricted access to the Property. Objections to title, if <br /> any, shall be presented to Seller within twenty (20) days of Buyer's receipt of the title search and/or title <br /> commitment. If said defects are not cured within twenty (20)days, Buyer may terminate this Agreement. <br /> If this Agreement is terminated because of uncured defects in title, Buyer agrees to immediately abandon <br /> any and all claims upon the Property and Seller shall have an unqualified right to full possession of the <br /> Property; provided, however, that any amount of the Purchase Price paid to Seller shall be reimbursed to <br /> Buyer. Buyer and Seller each agree to pay one-half(1/2) of the cost of title search and/or title insurance <br /> premium. <br /> 2 <br />
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