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Two Hundred Fifty Nine Thousand Two Hundred Fifty Dollars ($259,250.00) as determined by <br />the average of the certified real estate appraisals, prepared for the Grantor, and upon which the <br />parties rely. This Agreement and the Grantee's acceptance of and the recording of a document of <br />transfer shall constitute the Grantee's acceptance of the Real Estate. <br />2. Taxes on the Real Estate for the year 2009, payable in 2010, shall be prorated and <br />the Grantee shall be liable for all real estate taxes and other assessments against the Real Estate <br />commencing on the Date of Transfer. The Grantor and the Grantee acknowledge that the Real <br />Estate has been tax-exempt until the Date of Transfer. The parties believe that the Real Estate will <br />remain tax-exempt following the Date of Transfer; however, the parties do not rely on this status as <br />a basis for the agreement herein. The Grantor shall pay, on or before the Date of Transfer, all <br />assessments against said the Real Estate which shall become a lien thereon after the date of this <br />Agreement and prior to the Date of Transfer. <br />3. The Grantor represents and warrants that it has good and merchantable title to all of <br />said described Real Estate in fee simple, free and clear of all liens and encumbrances but subject to <br />current taxes and zoning regulations. On the Date of Transfer, the Grantor agrees to execute and <br />deliver to the Grantee a good and sufficient quit claim deed conveying said Real Estate, in fee <br />simple, free and clear of all liens and encumbrances but subject to current taxes and zoning <br />regulations, and all such other documents necessary to convey the Real Estate to the Grantee under <br />applicable law. The Parties acknowledge that the Grantor may transfer the Real Estate to another <br />entity of the City of South Bend for purposes of transferring the Real Estate to the Grantee and that <br />a quit claim deed from such entity to the Grantee shall be sufficient to satisfy the Grantor's <br />obligation to transfer the Real Estate to the Grantee. <br />Within a reasonable period of time prior to the Date of Transfer, the Grantor shall provide <br />the Grantee with a title insurance commitment for the Real Estate in the amount of $259,250.00. <br />2 <br />