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Agenda - Council - 08/28/2018
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Agenda - Council - 08/28/2018
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8/29/2018 8:21:32 AM
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Meetings
Meeting Document Type
Agenda
Meeting Type
Council
Document Date
08/28/2018
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(3) Other Documents. Any required federal income tax reporting forms, <br />well certificates or septic system disclosures required by law or the Title <br />Company, and all other documents required by the Title Company or Buyer <br />which are reasonably necessary to transfer the Property to Buyer under this <br />Agreement and record the Deed and other closing documents. <br />8. Buyer's Closing Documents. On the Closing Date, Buyer will execute and <br />deliver to Seller the following ("Buyer's Closing Documents"): <br />(1) Closing Payment. The Closing Payment. <br />(2) Title Documents. Such affidavits of Buyer, Certificates of Value or <br />other documents as may be reasonably required by the Title Company to record <br />the Seller's Closing Documents and issue the Title Policy. <br />9. Proration. Seller and Buyer agree to the following proration and allocation of <br />costs regarding this Agreement: <br />a. Title Insurance, Closing Fee. Deed Tax. Recording Fees. Seller will pay all <br />costs of the Title Commitment. Buyer will pay all premiums required for the <br />issuance of an Owner's Title Policy and any mortgagee's title insurance policy. <br />Seller and Buyer will each pay one-half (Y2) of any reasonable and customary <br />closing fee or charge imposed by the Title Company and any escrow fee charged <br />by the Escrow Agent (except that to the extent Escrow Agent fees are required as <br />a result of title defects or Seller's inability to close then Seller shall pay such <br />costs). Seller will pay all transfer taxes and state deed tax regarding the Deed to <br />be delivered by Seller under this Agreement. Buyer will pay the costs of <br />recording all required documents related to this transaction. <br />b. Real Estate Taxes and Special Assessments. Seller and Buyer shall prorate as <br />of the date of Closing all general real estate taxes, and installments of assessments <br />and special assessments payable in the year of Closing. Seller shall pay all <br />general real estate taxes and installments of special assessments payable therewith <br />in all years prior to Closing. Seller will pay in full, on or before the Closing <br />Date, all special assessments levied, pending, certified or constituting a lien <br />against the Property as of the Closing Date, including without limitation any <br />installments of special assessments including interest payable with general real <br />estate taxes in the year of Closing. Seller shall pay all deferred real estate taxes <br />or special assessments which may become payable as a result. of the sale <br />contemplated by this Agreement. Seller shall pay all delinquent real estate taxes <br />and special assessments, together with all penalties, interest, and costs payable in <br />the year of Closing and all prior years. Buyer shall pay all real estate taxes and <br />special assessments payable therewith in all years after the Closing. <br />c. Attorneys' Fees. A party defaulting under this Agreement or any closing <br />document will pay the reasonable attorneys' fees and court costs incurred by the <br />non -defaulting party to enforce its rights regarding such default. <br />7 <br />
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