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~ a radius of 912.43 ~eet, subtended by a chord having a <br />bearing of South 04 42'19" West .and a length of 186.66 <br />feet to the point of beginning. <br />for One Dollar ($1.00). (the "Purchase Price") and other good and <br />valuable consideration, the receipt of which is hereby acknowledged <br />by the Seller. <br />2. Conveyance of Property. <br />A. Form of Deed. The Seller shall convey to the Purchaser <br />title to the Property by warranty deed {the "Deed"). In addition to <br />the other conditions,. covenants and restrictions in this Agreement, <br />such conveyance and title shall be subject to: <br />(1) Easements necessary for the Seller to dedicate and <br />grant or to reserve unto itself for future easements <br />for any public or private utilities and facilities; <br />(2) Building codes and zoning ordinances of the City of <br />South Bend; and <br />(3) Any and all other covenants, restrictions, easements <br />and reservations of record. <br />B. Time and Place for Closing on Sale of the Property. <br />~~ • <br />The Seller shall deliver the Deed and possession of the Property to <br />the Purchaser on .July 18, 1988, or earlier, if the parties mutually <br />agree in writing. Conveyance shall be made at the principal office <br />of the Seller. The Purchaser shall accept the conveyance and pay the <br />Purchase Price to the Seller at .that time. <br />C. Recordation of Deed. The Seller shall promptly record <br />the Deed in the St. Joseph County Recorder's .Office. The Seller <br />shall pay all costs for recording the Deed. <br />D. Title Insurance. The Seller shall furnish the <br />Purchaser a title insurance policy insuring marketable title in <br />Purchaser in the amount of the Purchase Price,. subject only to <br />covenants, easements and restrictions of record and unpaid taxes not <br />yet payable, with all title exceptions and endorsements to such <br />policy being subject to .approval by Purchaser's counsel and delivery <br />of a -general warranty -deed conveying marketable title to Purchaser <br />and an opinion of Seller's counsel that all statutory requirements <br />relating to the sale have been met. The title insurance commitment <br />will agree to insure not only the Property but also all easements <br />providing access to public highways and will include an endorsement <br />as to access and will have all standard exceptions deleted other than <br />the mechanics lien exception. <br />• <br />-2- <br />