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79001706
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79001706
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1/12/2010 8:52:29 PM
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1/12/2010 8:52:23 PM
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DEEDS
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79001706
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79- vt,1706 <br />III. <br />Title <br />1. Seller agrees to furnish Buyer with abstract of title showing <br />merchantable tiitle to said real estate. In case Buyer's attorney <br />makes objection to the abstract of title, the Seller shall have sixty <br />t6o~ days-from the date that Buyer notifies Sellers of such defect to <br />correct same. If Seller fails or refuses to correct any defects in <br />title Buyer shall be entitled to rescind tY;is centra.ct and receive <br />back from Seller all payments made hereunder. <br />2. Buyer agrees not to place or to allow to remain if placed <br />by others, any liens or encumbrances upon the real estate until Seller <br />is paid in full under this contract. <br />3. A Surviuorship Warranty Deed conveying the real estate to <br />the Buyer shall be placed in escrow with the Escrow Agent hereinafter <br />named and upon full payment of alI principal installments and accrued <br />interest by the Buyer and the performance of the Buyer of all covenants <br />and conditions which, by the terms of this Contract, are to be per- <br />formed by the Buyer, or its successors, heirs, nominees ~r assigns, <br />the Buyers shall be entitled to the delivery of the Deed from the <br />Escrow Agent. Sufficient revenue stamps shall be placed upon said <br />~~a ~ ~~_ <br />vccu az. v::c expert5e vf- the Buyer. <br />I~. <br />Remedies on Default <br />3. Zn case the Buyer is in default for a 45-day period on any <br />payment due under this contract, the entire amount owing on this Contract <br />shall become due and payable at cnce at the option of the Seller. <br />Buyer shall be entitled to written notice off' the same if the Seller <br />elects to exercise the option to make the balance due under this <br />contract. If the balance due and payable is not made within 30 days of <br />written notice or other agreeable terms established, Sellers may fore- <br />close this Contract in the manner provided by law for the foreclosure <br />of real estate mortgages. <br />2. At any time before default is declared by Seller, Buyer may <br />fence the delivery of the Warranty Deed from the Escrow Agent and the <br />Seller by an action for specific performance if said Deed is not <br />delivered after all payments due under this contract have been made <br />and all other conditions and covenants have been met by ?uyer. <br />~. <br />Risk of loss <br />1. Seller assumes full risk for any damage, loss or destruction <br />to the real estate, frog: the date hereof, and in connection therewith, <br />shall maintain in working condition, all heating, air-conditioning, <br />water, sewer, plumbing, and electrical systems and any built-in appliances <br />located on the real estate. In the event that any such damage, loss or <br />destruction shall occur before the Closing date, Seiler shall pay any <br />casts of restoring, rebuilding, repairing, or replacing the real <br />estate to a condit_on at least comparable to its previous condition; <br />provided however, *_,,at in the event that any such less, da:^age or destruc- <br />tian to any parcel of the real estate is Taterial, either party shall <br />have the option tc rescind this Agreement. Zf such rescission, shall <br />occur, Sel32r shall refund to Buyer all payments previously paid and <br />neither party shall thereafter have any furter resporisibility to the <br />other. $uyers herebp agree to assume all risk of damage, Loss or <br />destruction to the real estate from and after the closing date. <br />2. Buyer agrees to maintain at its expense fire and extended <br />coverage l.nsurance on the real estate and its contents in a company <br />a~roved ~Sy the Sellers in amounts at least equal to the total unpaid <br />hale duo under this Dantract,,duly endorsed to show the Seller's <br />interest and to provide Seiler with certificates from insurers evidene- <br />suc3~ insurance in force. <br />-~- <br />
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