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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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A) If notice is given and Seller remedies the objections, then upon <br />presentation to Buyer and proposed lender of documentation of <br />resolution, and if not objected to in the same time and manner as <br />the original title objections, the closing shall take place on the <br />mutually agreed to scheduled closing date. <br />B) If notice is given and Seller proceeds in good faith to remedy the <br />issues but the 120 -day period expires without the exceptions being <br />addressed, Buyer may declare this Agreement null and void by <br />notice to Seller; neither party shall be liable for damages hereunder <br />to the other and earnest money shall be refunded to Buyer. If <br />Seller proceeded in good faith, Buyer shall not be entitled to both <br />proceed to closing and to require Seller to resolve the objections or <br />to seek damages from Seller. <br />If Seller does not give notice of intention to resolve the objections, or if notice is <br />given but the 120 -day period expires without resolving the objections due to <br />Seller's failure to proceed in good faith, Buyer may proceed to closing without <br />waiver or merger in the deed of the objections to title and without waiver of any <br />remedies, and may require the Seller to complete the remedy of the objection or <br />the Buyer may rescind this Purchase Agreement by notice as provided herein, <br />in which case the Purchase Agreement shall be null and void and all earnest <br />money paid hereunder shall be refunded to Buyer. <br />C) If the objections are not resolved as provided herein and Buyer <br />defaults in any of the agreements herein, Seller's sole and <br />exclusive remedy is to cancel this Purchase Agreement as provided <br />by law and retained all earnest money as liquidated damages. <br />Seller waives any and all other claims and causes of action against <br />Buyer. <br />If title objections are resolved and Seller defaults in any of <br />the agreements herein, Buyer shall be returned the earnest <br />money as its sole remedy. <br />14. NOTICES. All notices required herein shall be in writing and delivered <br />personally or mailed to the address as shown above and if mailed, are effective <br />as of the date of mailing. <br />15. SUBDIVISON OF LAND. If this sale constitutes or requires a subdivision <br />or combination of land by Buyer, Buyer shall pay all subdivision/ platting or <br />combination expenses and obtain all necessary governmental approvals. Seller <br />warrants that the legal description of the real property to be conveyed has been <br />provided to the Seller for confirmation and verification. The Buyer is seeking to <br />assemble lands and agrees that it will pay all costs associated with the
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