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2008-06-11 Agenda & Handouts
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2008-06-11 Agenda & Handouts
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<br />Objections. Buyer will pay all premiums required for the issuance of any Title <br />Policy. Seller and Buyer will each pay one-half of any closing fee or charge <br />imposed by any closing agent or by the title company. <br /> <br />5.2. Deed Tax. Seller shall pay all State Deed Tax payable in connection with this <br />transaction. Buyer shall pay all Mortgage Registry Tax payable in connection <br />with Buyer's financing. <br /> <br />5.3. Real Estate Taxes and Special Assessments. All Real Estate Taxes and Special <br />Assessments payable in the years prior to the year in which the Closing occurs <br />shall be paid by Seller. Real Estate Taxes payable in the year in which Closing <br />occurs, and installments of Special Assessments payable therewith, shall be pro- <br />rated based upon a calendar year based upon the Date of Closing, except that if <br />Buyer's lender shall require Special Assessments to be prepaid, Seller shall prepay <br />the same on the Date of Closing. <br /> <br />5.4. Other Costs. All operating costs of the Property, if any, shall be allocated <br />between Seller and Buyer as of the Closing Date, so that Seller pays that part of <br />operating costs payable before the Closing Date, and Buyer pays that part of <br />operating costs payable from and after the Closing Date. <br /> <br />5.5. Attorney's Fees. Each of the parties will pay its own attorney's fees, except that a <br />party defaulting under this Agreement or any Closing Document will pay the <br />reasonable attorneys' fees and court costs incurred by the nondefaulting party to <br />enforce its rights hereunder. <br /> <br />6. Title Examination. Title Examination will be conducted as follows: <br /> <br />6.1. Seller's Title Evidence. Seller shall, within twenty (20) days after the date of this <br />Agreement, furnish the following (collectively, "Title Evidence") to Buyer: (a) a <br />commitment ("Title Commitment") for an ALTA Form B 1990 Owner's Policy of <br />Title Insurance insuring title to the Real Property, deleting standard exceptions <br />and including affirmative insurance regarding zoning, contiguity, appurtenant <br />easements and such other matters as may be identified by Buyer, in the amount of <br />the Purchase Price, issued by a title insurance company acceptable to Buyer <br />("Title"); (b) if the Property is abstract property, Seller shall also deliver to Title or <br />Buyer an Abstract of Title to the Real Property certified to a current date to <br />include all appropriate judgment and bankruptcy searches; (c) an AL T A survey <br />prepared by a registered land surveyor and certified to Buyer and Buyer's lender, if <br />any, within thirty (30) days from the date hereof showing the Real Property and <br />location of all buildings and easements thereon and such other information and <br />containing such matters as Buyer or Buyer's lender shall reasonably request. <br /> <br />6.2. Buver's Objections. Within twenty (20) days after receiving the last of the Title <br />Evidence, Buyer will make written objections ("Objections") to the form and/or <br /> <br />- 4 - <br /> <br />1St.' <br />
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