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99106144
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Last modified
3/13/2012 6:07:56 PM
Creation date
10/20/2005 11:43:09 PM
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DEEDS
Inst Number
99106144
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� ' �9-sU��.�� <br /> written notice to Baker and, upon such cancellation, both parties <br /> shall be relieved of their liability hereunder. <br /> i . Deed. Baker shall deliver to First Commerce at <br /> closing, a Warranty Deed, properly executed, conveying to First <br /> Commerce valid fee simple title to the Property, free from <br /> encumbrances except as provided in paragraph b. above, and Baker <br /> shall pay the cost of revenue stamps therefor. First Commerce <br /> shall pay the cost of recording said deed. <br /> j . Assignment . This Agreement may be assigned by <br /> First Commerce at its option. However, any assignment of this <br /> Option shall not relieve First Commerce of any liability <br /> hereunder. <br /> k. Expenses and Broker' s Fees . Each party agrees to <br /> bear its own legal and other costs and expenses incurred or to be <br /> incurred by it in negotiating and preparing and closing this <br /> Option. Each of the parties represents and warrants that no <br /> broker or other person is entitled to any commission or finder' s <br /> fee in connection with this transaction. <br /> l . Survival of Covenants . The representations, <br /> warranties, covenants and agreements herein shall survive the <br /> exercise of the Option and shall survive the closing. <br /> m. Default by Baker. If Baker is unable to convey <br /> title at the date of closing, the First Commerce shall have the <br /> right to either accept such title as Baker can convey or rescind <br /> the exercise of the Option and all monies paid by First Commerce <br /> shall be returned. If Baker is able but refuses to convey title <br /> at the date of closing, First Commerce may sue for specific <br /> performance of this Agreement . <br /> n. First Commerce' s Default . If First Commerce gives <br /> notice of the exercise of the Option, and shall then default <br /> under this Agreement, Baker shall have the option of suing for <br /> specific perfcrmance or of terminatincr, t'r�i� �grEement . Ii Baker <br /> elects to terminate this Agreement, Baker may at its option <br /> retain any sums previously paid by First Commerce as liquidated <br /> damages and, in such event, neither party shall have any further <br /> obligation to the other. <br /> o. Baker' s Covenants . The Baker represents and <br /> covenants that no work, labor, services or materials have been <br /> furnished or performed to or at the Property that will not be <br /> paid in full at or prior to closing, and that there are no <br /> violations of law or municipal ordinances affecting the Property. <br /> Until closing, Baker will maintain the lawn, will remove any snow <br /> from sidewalks and driveways, and will maintain the heating, <br /> central air conditioning, water heater, sewer, plumbing, <br /> electrical systems and any built-in appliances in working <br /> condition. <br /> p. Personal Property. Baker covenants and represents <br /> 3 <br />
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