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CCP 09-29-1997
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CCP 09-29-1997
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<br />y"'. '''h, 'mO"Ol o[,o,h g'o'ml 100' """ '"'' ""01 b, d..oem;"d 0' Ib, e,Z, :. <br /> I <br />Date, Seller shall deposit with the Title Insurer, from the Purchase Price, an amount equal -I <br />to one hundred twenty-five percent (125%) of the most current estimate of such taxes, <br />assuming for estimating purposes that the Real Property will be fully assessed. The Title <br />Insurer shall hold such deposit in escrow and shall pay all interest earnings on such <br />deposit to Seller. The Title Insmer shall retain such deposit to pay Seller's share of the I <br />actual general real estate taxes payable in 1997, including interest payable therewith. <br />When the amount of such general real estate taxes, including interest payable therewith, <br />is determined and announced by the appropriate public authorities, the Title Insurer shall I <br />promptly pay Seller's prorated share thereof to Buyer and shall pay any excess of such <br />deposit over to Seller. If the escrowed funds are insufficient to pay Seller's prorated <br />share, Seller shall promptly pay any deficiency to Buyer. If thc Closing occurs after . <br />1997, the year of the Closing shall apply rather than 1"997 for purposes of this paragraph. <br />(d) Special Assessments. Sellcr shall pay at Closing all special assessments levied, I <br />pending, deferrcd or constituting a lien against the Real Property as of the Closing Date. <br />If the amount of such special assessments, or installments thereof, cannot be determined I <br />on the Closing Date, Seller shall make a deposit with the Title Insurer pursuant to the <br />formula and terms ofScetion 6(c) above. <br />(e) Recording Costs. Seller will pay the cost of recording all documents necessary to I <br />place record title in Seller in the condition warranted by Seller in this Agreement. Buyer <br />will pay the cost ofreeording all other documents. eI <br />(I) Uti I ities. Seller shall cause all mcters for utilities to be read during the day'light <br />hours on thc Closing Date, and Seller shall pay all charges for all utilities through that . <br />time. <br />7.) OPERA nON PRIOR TO CLOSING. During the period from the date hereof . <br />through the Closing Date (the "Executory Period"), Seller shall operate and maintain the <br />Property in the ordinary course of business in accordancc with prudent, reasonable business <br />standards, including without limitation, the maintenance of adequate liability insurance and I <br />insurance against loss by fire, windstorm and other hazards, casualties and con~ingencies,_ <br />including vandalism and malicious mischief. Seller shall bear the risk of loss or damage to the <br />Property through the Executory Period. However, during the Executory Period, Seller shall not I <br />execute any contracts, leases, or other agreements regarding the Property that are not terminated <br />prior to the Closing Date, nor perfoml any act that would impair or encumber the title to the <br />Property, without the prior written consent of Buyer. Notwithstanding the foregoing, Seller shall . <br />remove its billboard(s) from Parcel P(. ~prior to Closing. <br />8.) POST-CLOSING MATTERS. The following obligations of the parties shall I <br />survive the Closing, and shall be performed/fulfilled within ( ) days <br />after such Closing. <br />(a) Additional Panel. Buyer shall allow Seller to place a second panel (facing east) I <br />on ~J on the easterly billboard adjacent to Interstate 694. -- <br /> ~L. C 6. <br /> I <br /> - ----.--..- <br />
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