6A(2) - Laserfiche WebLink

Home Browse Search

(a) a limited warranty deed executed by the Seller for the Option Property subject to real estate taxes not yet due and payable and the Easement Agreement(as defined in the Development Agreement); (c) a closing statement executed by the Seller setting forth all proration and credits; (d) a vendor's affidavit executed by Seller in a form acceptable to the title company sufficient to remove all non-survey standard exceptions from the Title Policy; (e) an affidavit stating that Seller is not a"foreign person",as such term is used in§1445 of the Internal Revenue Code; and (f) such other documents and instruments and other deliveries as are customary for delivery by sellers in similar transactions, including but not limited to a Disclosure of Sales Information Form as required by the State of Indiana. 5. Taxes. Seller shall be responsible for any all real estate taxes assessed against the Option Property up to and including the Closing Date, even if any such real estate taxes are not yet due and payable. 6. Expenses. Buyer shall pay for (a) all expenses related to the premium for any title policy, including extended coverage and any endorsements, (b) costs of any survey, (c) any escrow closing fees, (d) the cost of recording any documents, and (e) Buyer's own legal fees. Seller shall be responsible for Seller's own legal fees. 7. Waiver. Each party hereto may, at any time or times, at its election, waive any of the conditions to its obligations hereunder by a written waiver expressly detailing the extent of such waiver(and no other waiver or alleged waiver by such party shall be effective for any purpose). No such waiver shall reduce the rights or remedies of such party by reason of any breach by the other party or parties of any of its or their obligations hereunder. 8. No Third Party Benefits. This Agreement is made for the sole benefit of Buyer and Seller and their respective successors, and, as to the Buyer, its nominee and assigns, and no other person or persons shall have any right or remedy or other legal interest of any kind under or by reason of this Agreement. This Agreement shall be assignable by Seller, without Buyer's consent, and upon such assignee's express assumption of Seller's obligations and liabilities under this Agreement, Seller shall be released therefrom. 9. Integration; Interpretation. This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements between the (20142674 DOC) -2-