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2000-03-29 Packet
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2000-03-29 Packet
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(L) Purchaser shall not permit or allow any mechanic or any other lien to be filed against said Lot for <br /> work or materials furnished to said Lot. if any such liens are filed, the Purchaser: <br /> (1) Shall obtain and record a release thereof within thirty (30) days after notice thereof; <br /> (2) If Purchaser fails to obtain such a release, Purchaser will (within said 30 day period) deposit <br /> with Seller, or Seller's assigns or successors, a sum of money equal to 150% of the amount of <br /> said lien filed and not released. <br /> If Purchaser fails to either obtain and record the release provided in clause (1) or deposit the <br /> money provided in clause (2), the Purchaser will be deemed to be in material default under the <br /> Purchase Money Mortgage. <br /> (M) Purchaser will defend and indemnify Seller from and against any and all claims, demands, causes of <br /> action, liability, injuries, damages, judgements, decrees, fines, penalties, expenses, costs and fees and <br /> attorney's fees of whatsoever nature arising out of or in any way connected with any act or omission of <br /> Purchaser, its agents or employees, under this Contract with respect to the Lot to be conveyed and <br /> released. <br /> (N) Purchaser will not assign this Contract or sell said Lot prior to receiving a satisfaction of Mortgage <br /> thereof without the written consent of Seller. <br /> ARTICLE VIII: SIGNAGE <br /> 8.1 Signage shall not be permitted on any Lot, except one model home sign, not exceeding 16 square feet. <br /> Purchaser to furnish drawing of proposed sign for Developer's approval. <br /> ARTICLE IX: DECLARATION OF COVENANTS <br /> 9.1 Purchaser acknowledges receipt of Declaration of Covenants (Exhibit B) and has examined said <br /> Covenants. Purchaser hereby accepts and agrees to comply with the standards set forth in Exhibit B, and will <br /> guarantee to seller that the Declaration of Covenants, Conditions and Restrictions and Homeowners Letters of <br /> Acknowledgment to the developer and the City of Centerville will be signed and approved by future homeowners. <br /> ARTICLE X: TITLE EXAMINATION <br /> 10.1 Seller shall provide the Purchaser with one Abstract, if requested prior to closing, for the Real <br /> Property at its sole cost and expense. The Purchaser shall be allowed ten (10) days after receipt of said abstract <br /> for examination of title and the making of any objections thereto, such objections to be made in writing or deemed <br /> to be waived. If any objections are so made, the Seller shall be allowed until the date of closing to make such title <br /> marketable. If title is not marketable and is not made so on or before the date of closing, this Agreement shall <br /> become null and void, at the option of the Purchaser, and neither party hereto shall be liable for damages <br /> hereunder to the other party. MI Earnest Money previously paid by the Purchaser shall be refunded. If the title to <br /> the said Real Property is found marketable or is made so within said time, and said Purchaser shall default in any <br /> of the Agreements and continue to default for a period of ten (10) days, then in that case, the Seller may terminate <br /> this Agreement and <br /> retain all Earnest Money as liquidated damages. <br /> ARTICLE XI: COMMISSION <br /> 11.1 Seller and Purchaser hereby agree to indemnify and to hold each other harmless from any alleged <br /> claim for any Commission that may be claimed by any third party through either of them against the other party. <br /> ARTICLE XII: TERMINATION AND REMEDIES <br /> 12.1 PURCHASER'S REMEDIES: If Seller defaults in perforating any of Seller's closing obligations <br /> under the terms of this Contract on the Closing Date for any reason, other than Purchaser's default, Purchaser <br /> shall be entitled to a full refund of all Earnest Money paid hereunder as its sole and exclusive remedy. <br /> 12.2 SELLER'S REMEDIES: If Purchaser defaults in performing any of Purchaser's closing <br /> obligations under the terms of this Contract on the Closing date for any reason other than Sellers default, Seller <br /> shall be entitled to terminate this Contract, or enforce specific performance of this Contract, or bring a suit for <br /> damages incurred by Seller as a direct and proximate result of such default by Purchaser. The remedies herein <br /> are in addition to, and not in limitation of, Sellers remedies as stated in paragraph 7.2(M) herein. <br /> ARTICLE XIII: MISCELLANEOUS <br /> Page 5 of 6 Pages <br />
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