Real Property Transfer Agreement - W. Washington & N. Taylor – SB Heritage Foundation Inc.

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7. Notices. All notices, demands and communications required or which either party desires to give or make hereunder shall be effective if in writing signed by or on behalf of the Party giving or making the same, and if served/delivered to the addresses and/or fax numbers set forth below and in any of the following manners: (i) personally; (ii) by United States certified mail, return receipt requested; or (iii) by a national courier service for next business day delivery. To City: City of South Bend Attn: Joseph Molnar County -City Building, Suite 227 W. Jefferson Blvd. South Bend, IN 46601 With a copy to: City of South Bend Legal Department Attn: Corporation Counsel County -City Building, Suite 1200 S. 227 W. Jefferson Blvd. South Bend, IN 46601 To Organization: South Bend Heritage Foundation, Inc. Attn: Marco Mariani 803 Lincoln Way West South Bend, IN 46616 8. Remedies Upon Default. In the event the Organization fails to complete the Property Improvements or to comply with Section 5 above, or satisfactorily to prove such performance, then, in addition to pursuing any other remedies available at law or in equity, the City shall have the right to re-enter and take possession of the Property and to terminate and revest in the Citythe estate conveyed to the Organization at Closing and all of the Organization's rights and interests in the Property without offset or compensation for the value of any improvements made by the Organization. The Parties agree that the City's conveyance of the Property to the Organization at Closing will be made on the condition subsequent set forth in the foregoing sentence and the terms of this Section 5 will be referenced in the deed. 9. No Warranties. The Organization agrees to accept the Property in its condition on the Closing Date "as -is, where -is" and without any representations or warranties by the City concerning title to or the condition of the Property. The City offers no such representation or warranty as to title or condition, and nothing in this Agreement will be construed to constitute such a representation or warranty as to title or condition.. The Organization may, at its sole cost and expense, obtain an owner's policy of title insurance or a survey prior to the transfer of such Property. 10. Remedies. Upon any default in or breach of this Agreement by either Party, the defaulting Party will proceed immediately to cure or remedy such default within thirty (30) days after receipt of written notice of such default or breach from the non -defaulting Party, or, if the nature of the default or breach is such that it cannot be cured within thirty (30) days, the 3