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_Redevelopment Commission Agenda & Packet 10.10.24
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_Redevelopment Commission Agenda & Packet 10.10.24
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3 <br />A.After the date Sellers receive a copy of this Agreement as described in Section 1, <br />Sellers shall not take any action or allow any action to be taken by others to cause the <br />Property to become subject to any new interests, liens, restrictions, easements, covenants, <br />reservations or other matters affecting Sellers’ title (such matters are referred to as <br />“Encumbrances”). <br /> B.Sellers hereby covenant that Sellers will not alter the condition of the Property at <br />any time after the date Sellers receive a copy of this Agreement as described in Section 1. <br />Further, Sellers will not release or cause to be released any hazardous substances on or near <br />the Property and will not otherwise collect or store hazardous substances or other materials, <br />goods, refuse or debris at the Property. <br />5.TITLE COMMITMENT AND SURVEY <br />Buyer shall obtain the Title Commitment for an owner’s policy of title insurance issued by <br />a title company selected by Buyer and reasonably acceptable to Sellers (the “Title <br />Company”) within twenty (20) days after the Contract Date. Buyer, at its option, may <br />obtain a survey of the Property, at its sole expense. The Property shall be conveyed to <br />Buyer free of all encumbrances, including but not limited to mortgages, judgments, and <br />taxes, unless otherwise waived in writing by Buyer. The Title Commitment will be issued <br />by a title company selected by Buyer and reasonably acceptable to Sellers (the “Title <br />Company”). The Title Commitment shall: <br />(1)Agree to insure good, marketable and indefeasible fee simple title to the Property <br />in the name of the Buyer for the full amount of the Purchase Price upon delivery and <br />recordation of a special warranty deed from the Sellers to the Buyer. <br />(2)Provide for issuance of a final ALTA owner’s title insurance policy, with any <br />endorsements requested by Buyer, subject only to any encumbrances waived by Buyer. <br />Regardless of whether this transaction closes, Buyer shall be responsible for the title search <br />charges, the cost of the Title Commitment and owner’s policy. Within thirty (30) days after <br />Buyer’s receipt of the Title Commitment, Buyer shall give Sellers wri tten notice of any <br />objections to the Title Commitment. Within thirty (30) days after Buyer’s receipt of the <br />Survey, Buyer shall give Sellers written notice of any objections to the Survey. Any <br />exceptions identified in the Title Commitment or Survey to which written notice of <br />objection is not given within such period shall be a “Permitted Encumbrance.” If the <br />Sellers are unable or unwilling to correct the Buyer’s title and survey objections within the <br />Due Diligence Period, Buyer may terminate this Agreement by written notice to Sellers <br />prior to expiration of the Due Diligence Period. If Buyer fails to so terminate this <br />Agreement, then such objections shall constitute “Permitted Encumbrances” as of the <br />expiration of the Due Diligence Period, and Buyer shall acquire the Property without any <br />effect being given to such title and survey objections. <br />6.ENVIRONMENTAL MATTERS <br />Docusign Envelope ID: D62ECB79-50C8-4137-8DF6-C82F0F5007CD
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