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this notice shall be known as the "Effective Date." It is understood and agreed <br />that tune is of essence as to the payment of the purchase price under this <br />provision. If the Company does not exercise the terms of this Option by the <br />ending date as specified above, then the right and option set forth herein shall <br />immediately terminate. <br />2. Subject to the Company exercising this Option, the City and the Company hereby <br />agree that the City shall sell and the Company shall buy the Property upon the <br />following terms and conditions. The City fully agrees and acknowledges that the <br />consideration given by the Company constitutes legal, adequate, and valuable <br />consideration for the purposes of this Agreement. <br />3. The ``Commencement Date' shall be the date that the last of the parties to this <br />Agreement signs and executes below. The obligations of the Parties under this <br />Purchase Option Agreement begin on the Commencement Date. The "Effective <br />Date" is the date that the City receives notice from the Company that the <br />Company is exercising its Option under this Agreement. <br />4. Subject to the Company exercising this Option, the City hereby agrees to sell the <br />Property to the Company for Ten Thousand and 00/100 Dollars ($10,000.00) (the <br />``Purchase Price"). The obligations of the Company to close this transaction are <br />subject to the Company having given Notice to Purchase. <br />5. The City and the Company shall close the transaction at Meridian Title Company, <br />South Bend, Indiana 46601 (the "Title Company'') on a date (the "Closing Date") <br />that is no later than thirty (30) days of the date the Company gives its Notice to <br />Purchase or on such date and time or at such place as mutually agreed upon by the <br />parties. At closing, the City shall provide a title policy from the Title Company <br />insuring title to the Property to the Company in the amount of the Purchase Price. <br />Other than the costs associated with the title policy or each party's respective <br />attorney's fees, the parties shall bear those closing costs normally associated with <br />a seller or buyer as applicable, which shall be evidenced by a Closing Statement <br />prepared by the Title Company and signed by the parties hereto or their respective <br />representatives at closing. The Company shall be responsible for recording costs. <br />The parties each represent that no real estate commissions are due and owing to <br />any party with respect to this transaction. <br />6. At closing, the City shall deliver to the Company a duly executed quit claim deed <br />in the form attached hereto as Exhibit B providing for the conveyance of the <br />Property free and clear of all liens, mortgages and encumbrances. If necessary, <br />the sale proceeds shall be applied to satisfy any mortgages, encumbrances, or <br />2 <br />