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6D (4)
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07-26-11 Packet
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6D (4)
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11/1/2012 2:07:43 PM
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7/22/2011 2:31:45 PM
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this Agreement a title commitment ( "Commitment ") on the Property from <br />a title company reasonably acceptable to Company (the "Title Company "), <br />together with legible copies of all exceptions of record referenced therein; <br />and at Company's expense (ii) not later than sixty (60) days after the date <br />of this Agreement an ALTA survey of the Real Estate. <br />Company shall have thirty (30) days after receipt of (i) such Commitment <br />and legible copies of all exceptions referenced therein and (ii) the ALTA <br />survey of the Property within which to notify Commission, in writing of <br />Company's disapproval of any exceptions or other matters shown in any <br />of the foregoing ( "Company's Disapproval Notice "). If Commission shall <br />not have received any such notice of disapproval within the <br />aforementioned time period, the Commitment and the condition of title <br />shall be deemed approved. <br />In the event of any such disapproval, within seven (7) days after delivery <br />of Company's Disapproval Notice, Commission shall give Company <br />written notice ( "Commission's Title Notice ") of those disapproved titled <br />matters which Commission covenants and agrees to either eliminate from <br />the "Title Policy" or to ameliorate to Company's satisfaction by Closing. <br />If Commission does not elect in Commission's Title Notice to eliminate or <br />ameliorate to Company's satisfaction any disapproved title matters or if <br />Company disapproves Commission's Title Notice, Company shall have <br />the right, in its sole and subjective discretion, to either (i) terminate this <br />Agreement within fifteen (15) days after receipt of Commission's Title <br />Notice by written notice to Commission, or (ii) to waive any such <br />matter(s). If Commission does not eliminate or ameliorate to Company's <br />satisfaction all such disapproved matters prior to or at the Closing, then <br />Company shall have the right, to terminate this Agreement by written <br />notice to Commission. However, Company will be deemed to have <br />waived all such item if Company proceeds to close the transaction <br />provided herein. <br />Company, at Commission's expense, may obtain at closing an Owner's <br />Policy of Title Insurance reasonable acceptable to Company with such <br />endorsements as Company may designate insuring Company's interest in <br />the Property, subject only to approved (or waived) title exemptions, which <br />policy shall be issued by the Title Company with liability in the amount of <br />the Purchase Price. Such policy is herein called the "Title Policy." The <br />cost of issuance and all costs of all endorsements of the Title Policy in the <br />amount of the purchase price will be paid by Commission at Closing ; and <br />(c) The terms and conditions of the IPPUD. <br />As a government entity, the Commission is exempt from taxation under Indiana law, and <br />therefore, no taxes should have accrued against the Property while the Commission is the owner <br />2 <br />
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