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79002769
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Last modified
1/12/2010 11:03:01 PM
Creation date
1/12/2010 11:02:56 PM
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DEEDS
Inst Number
79002769
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<br />lII <br />'title <br />1. Seller agrees to furnish Buyer with abstract of title showing <br />merchantable title to said real estate. In case Buyer's attorney <br />makes obJection to the abstract of title, the Seller shal3 have sixty <br />(60) days from the date that Buyer notifies Sellers cf such defect to <br />correct same. If Seller fails or refuses to correct anv defects in <br />title Buyer shall be entitled tc rescind this contract ar,d receive <br />back from Seller all payments made hereunder. <br />2. Buyer agrees pat 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 Survivorship L~rarranty Deed conveying the real estate to <br />`the Buyer shall be placed in escrow with the Escrotr Agent hereinafter <br />named and upon, full payment of all principal installments and accrued <br />interest by the Buyer and the performance of the Buyer of all covenants <br />end conditions which, by the terms of this Contract, are .*.o be per- <br />formed by the Buyer, or its successors, heirs, nominees er assigns, <br />the Buyers shall be entitled to the delivery of the Deed from the Escrow <br />Agent. Sufficient revenue stamps shall ba placed upon said Deed at the <br />expense of the Buyer. <br />IV. <br />Remedies on Default <br />1. In case the Buyer is in default for a 45-day period on arry <br />payment due under this contract, the entire amount owing on this Contract <br />shall become due and payable at once at the option of the Seller. <br />Buyer shall be entitled to written notice of 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 of <br />real estate mortgages. <br />2. At any time before default is declared by Seller, Buyer may <br />force the delivery of the Warranty Deed from the Escrow Agent and the <br />Seller by an aetian for specific performance if said Deed is not <br />delivered after all payments due under this contract t.ave bean made <br />and all other conditions and covenants have been met by Buyer. <br />t~ . <br />Fisk of Loss <br />1. Seller assumes full risk for any damage, loss ar destruction <br />to the real estate, from the date hereof, and in connection therewith, <br />shall maintain. in working condition., all heating, air-cenditiening, <br />water, sewer, plumbing, and electrical systems and any built-in appliances <br />located on the real estate. In the event that anv such damage, lass or <br />desctruction shall occur before the Closing dat°, seller shall pair any <br />costs of restoring, rebuilding, repairing, or replacin~~; the real <br />estate to a condition at least comparable to its previous condition; <br />provided, however, that in the avert that any such loss, damage cr destruc- <br />tion to any parcel of the real estate is rr.aterial, either party shall <br />have the option to rescind this Agreement. Lf such rescission shall <br />occur, Seller shall refund to Buyer all payments previously paid and <br />neither party shall thereafte~° have an,y .urt~•r r~•„t~orz~-ibiiit;, tc t't~.e <br />other. Buyers hereby agree to assume all risk of darnaf~e, loss or <br />destruction to the real estate from and after the closing date. <br />2. Buyer agrees tc maintain at its expense fire and extended <br />coverage insurance on the real estate and its contents ir, a eomparry <br />approved by the Sellers 3n amounts at least equal to the total unpaid <br />balance due under this contraot, duly endorsed to show the 5e11er's <br />interest and to provide Seller with certificates from insurers evidenc- <br />irig-such insurance in fare: <br />2. <br />
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