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<br />Knox shall purchase the property pursuant to the terms of paragraph <br />5, above, the one of them initiating the action shall give written <br />notice to the other and to David E. Philippi of the action that <br />is to he taken. Zn the event that The Overland National Bank <br />desires to exercise the option granted to it in paragraph 6, <br />above, The Overland National Bank shall give written notice to <br />Kenneth B. Knox and to David E. Philippi of its intent to exercise <br />said option. The notice shall be sent by certified United States <br />mail with return receipt requested. <br />8. within 45 days after the valid service of a notice <br />pursuant to the terms of paragraph 7, immediately preceding, the <br />sale from David E. Philippi to Kenneth B. Knox shall be closed <br />and consummated upon the following terms and conditions: <br />(a) The closing date shall be within 45 days after <br />the date of the mailing of the notice. <br />(b! Upon closing, Kenneth B. Knox shall be entitled <br />to the exclusive possession of the property. <br />(c) Upon closing, Kenneth B. Knox shall pay to <br />David E. Philippi, Naomi L. Philippi, and The Overland <br />National Bank the purchase price in full in the amount of <br />5122,500.00, less the amount of any credits therefrom which <br />Kenneth H. Knox is entitled to claim pursuant to the terms <br />of this Agreement. <br />(d) David E. Philippi and Naomi L. Philippi, <br />husband and wife, each in his and her own right and as <br />spouse of the c~thPr; do heVob.. ~ ~ ~--~ <br />! uy^rc-2 ~<.u~. upc:~x! c'r,e c:ivsing <br />o~ the purchase by Kenneth B. Knox the property will be <br />transferred to Kenneth B. Knox free-and clear of all liens <br />and encumbrances excepting those which Kenneth B. Knox <br />agrees to assume. Kenneth B. Knox will assume, up to a <br />maximum of 5122,500.00, one-half (?~) of any unpaid taxes, <br />one-half (~) of the unpaid balance of principal and interest <br />upon any then existing mortgage which Philippi and Knox have <br />jointly placed upon the premises and one-half (~) of any <br />other liens which Philippi and Knox jointly place against <br />the premises. David E. Philippi shall be required to remove <br />any and all liens and encumbrances against his undivided <br />one-half (fig) interest in the property which are not assumed <br />by Kenneth B. Knox pursuant to the terms of this subparagraph. <br />(e) Within l0 days after the notice of sale has <br />been given by the appropriate party, David E. Philippi shall <br />at his expense, furnish a legible abstract of title extended <br />to date by a registered abstracter, which abstract shall <br />show marketable title tc an undivided one-half (~) interest <br />in the premises to be vested in David E. Philippi, subject <br />only to encumbrances which Knox will be assuming under the <br />terms of the sale as provided herein. <br />(f) At closing, David E. Philippi and Naomi L. <br />Philippi, husband and wife, each in his and her awn right <br />and as spouse of the other, shall convey the undivided <br />one-half (~) interest in the real €:state to Kenneth B. Knox <br />by warranty Deed, free and clear of all special assessments, <br />liens, taxes, and other encumbrances whatsoever which are <br />not specifically tiding assumed by Kenneth B. Knox according <br />to the terms of this Agreement. <br />(g) In the event that the abstract does not shave <br />marketable title of the one-half (~) interest to be vested <br />in David B. Philippi, Dither free and clear of all liens and <br />encumbrances, or subject to liens and encumbrances which <br />Kenneth B. Knox agrees to assume and which can be paid off <br />at closing, but the aggregate of which do not exceed the <br />purvhasa price hereunder, then David E. Philippi and Naomi <br />L. Philippi shall, nev~srtheless, at the option of Kenneth B. <br />-2- <br />