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<br />200801582 <br /> <br />than October 1, 2009 (the "Construction Commencement Date"), then <br />Developer shall have the option to repurchase the Real Property. <br />Developer's option to repurchase the Real Property shall commence on the <br />Construction Commencement Date and expire on the earlier of (i) one <br />hundred eighty (180) days following the Construction Commencement <br />Date or (ii) the date upon which the Owner initiates good faith vertical <br />construction of the Holiday Inn Express pursuant to a building permit <br />issued by the City of Grand Island, Nebraska. The period of time during <br />which Developer may exercise its option to purchase the Real Property <br />after an Option Event is herein referred to as the "Option Period". <br /> <br />Notwithstanding the foregoing, any prevention, delay or stoppage due to <br />strikes, lockouts, labor disputes, acts of God, inability to obtain services, <br />labor, or materials or reasonable substitutes therefor, governmental <br />actions, civil commotions, fire or other casualty, and other causes beyond <br />the reasonable control of the Owner (collectively, "Force Majeure") shall <br />extend the Construction Commencement Date for a period equal to any <br />delay caused by a Force Majeure. <br /> <br />2. Exercise of the Option. Developer may exercise its option to re-purchase the Real <br />Property under Section 1.1 hereof by delivering written notice of such intent, together with an <br />earnest money deposit of Twenty Five Thousand and 00/100 Dollars ($25,000.00) in cash or <br />certified check made payable to the Escrow Agent (as hereinafter defined), within the Option <br />Period. Owner shall have a period of thirty (30) days after receipt of such notice to initiate <br />construction of the Holiday Inn Express, in which event Developer shall no longer have the <br />option to repurchase the Real Property and the earnest money deposit shall be immediately <br />released to Developer. The failure of Developer to exercise an option within the Option Period <br />and in accordance with the requirements herein shall result in such option expiring. No claim or <br />event shall cause such option to be extended or reinstated. <br /> <br />3. Purchase Price. The Purchase Price shall be determined as follows: <br /> <br />3.1 Section 1.1 Purcha~e. If the option detailed in Section 1.1 is exercised, the <br />purchase price of such Real Property shall be equal to the Purchase Price of the <br />Real Property as set forth in the Purchase Agreement. <br /> <br />3.2 Reduction at Closing. As detailed in Section 4, any liens or deeds of trust <br />or mortgages on the Real Property shall be discharged by the Owner, and to the <br />extent sufficient to discharge such liens, deeds of trust or mortgages, shall be paid <br />from the proceeds payable by Developer hereunder. <br /> <br />4. Closing; Payment of Liens and Encumbrances. The purchase of Owner's interest <br />in the Real Property shall be consummated through an escrow established at a title insurance <br />company (the "Escrow Agent") selected by the Owner. The purchase price shall be payable in <br />cash or wired funds. Title to the Real Property shall be conveyed by Owner to Developer by <br />special warranty deed, subject to all real estate taxes, installments of special assessments, <br /> <br />2 <br />