pf_03056 - Laserfiche WebLink

Home

loss, costs and obligations, including reasonable attorney's fees, on account of or arising out of any such injuries. However, Purchaser shall have no obligation to Seller for such injuries which are caused by the negligence or intentional wrongful acts or omissions of Seller. 10. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the amounts payable by Purchaser under this Contract. Such payment shall not postpone the due date of the amounts due under this Contract. The balance. if any, shall be the property of Purchaser. 11. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of this Contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to Purchaser. Any mortgage registry tax due upon the recordings or filing of this Contract shall be paid by the Purchaser. 12. NOTICE OF ASSIGNMENT. If either Seller or Purchaser assigns their interest in the Property. a copy of such assignment shall promptly be furnished to the non-assigning party. 13. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms of this Contract or fails to perform any of the Purchaser's obligations as set forth in this Contract, Seller may. at Seller's option, pay the same of cause the same to be performed, or both. and the amounts so paid by Seller and the cost of such performance shall be payable at once. with interest, at a rate equal to six percent (6%) per annum and such amounts shall be added to the purchase price of the Property. Seller shall not hereafter create, suffer or permit to accrue, any mortgage, contact for deed, lien or encumbrance against the Property. In the event Purchaser causes a mechanic's lien to be filed against the Property (in its own name or by one of its subcontractors) so long as Purchaser shall in good faith contest the validity thereof, Purchaser shall post in favor of Seller a letter of credit 125% times the amount of such mechanic's lien until such mechanic's lien is satisfied by appropriate legal proceedings or such mechanic's lien expires by operation of law. - 14. DEFAULT. The time of performance by Purchaser of the terms of this Contract is an essential part of this Contract. Should Purchaser fail to timely perform any of the terms of this Contract, Seller may, at Seller's option, elect to declare this Contract canceled and terminate by notice to Purchaser in accordance with applicable law. Neither the extension of the time for payment of any sum of money to be paid hereunder nor any waiver by Seller of Seller's rights to declare this Contract forfeited by reason of any breach shall in any manner affect Seller's right to cancel this Contract because of defaults subsequently occurring. and no extension of time shall be valid unless agreed to in writing. After service of notice of default and failure to cure such default within the period allowed by law, Purchaser shall, upon demand, surrender possession of the Property to Seller, by Purchaser shall be entitled to possession of the Property until the expiration of such period. 15. COMMISSIONS AND BROKERAGE FEES. Neither party to this transaction is represented by a broker. The parties represent to one another that they have no knowledge of any real estate commissions or broker fees arising from or incurred by either party in connection with this transaction. If either party has entered into an agreement which gives rise to real estate 5