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4.6. SR 12-19-2016
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4.6. SR 12-19-2016
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12/16/2016 2:42:48 PM
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12/19/2016
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9. DISCLOSURE OF NOTICES. Seller has not received any notice from any <br /> governmental authority as to violation of any law, ordinance or regulation. <br /> 10. TIMING. Seller recognizes that the Buyer is assembling parcels with the <br /> end goal of having sufficient acreage to develop a commercial lot(s) for <br /> development. The Seller agrees that this Agreement is contingent upon the <br /> Buyer acquiring title to the following parcels: <br /> 75-132-2425 (only as it applies to the north 33 feet of centerline of <br /> old Highway 10) <br /> 75-132-3101 <br /> 75-575-0010 <br /> An aerial photo of the properties can be found in Exhibit A. <br /> 11. POSSESSION. Seller shall deliver possession of the property not later <br /> than the DATE OF CLOSING subject to the right of access to the newly <br /> constructed billboard for operation and maintenance. <br /> 12. EXAMINATION OF TITLE. The Seller does not have an Abstract on the <br /> lands. Therefore, within a reasonable time after acceptance of this Agreement, <br /> Seller shall furnish Buyer with an Owners and Encumbrances report including <br /> proper searches covering bankruptcies and State and Federal judgments, liens, <br /> and levied and pending special assessments. Buyer shall have 30 business <br /> days after receipt of the Owners and Encumbrances Report either to have <br /> Buyer's attorney examine the title and provide Seller with written objections or, <br /> at Buyer's own expense, to make an application for a Title Insurance Policy and <br /> notify Seller of the application. Buyer shall have thirty (30) business days after <br /> receipt of the Commitment for Title insurance to provide Seller with a copy of <br /> the Commitment and written objections. Buyer shall be deemed to have waived <br /> any title objections not made within the applicable thirty (30) day period <br /> provided for above, except that this shall not operate as a waiver of Seller's <br /> covenant to deliver a Limited Warranty Deed. <br /> Further, the Seller agrees that it shall cooperate in an application for certificate <br /> of possessory title if requested by the Buyer. <br /> 13. TITLE CORRECTIONS AND REMEDIES. Seller shall have 180 days <br /> from receipt of Buyer's written title objections to correct or resolve the <br /> objections. Upon receipt of Buyer's title objections, Seller shall, within ten (10) <br /> business days, notify Buyer of Seller's intention to resolve the objections within <br /> the 120-day period. Cure of the defects by Seller shall be reasonable, diligent <br /> and prompt. Pending correction of title, all payments required herein and the <br /> closing shall be postponed if the Buyer requests the same in writing. <br />
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