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Real Estate Purchase and Sale Agreement 4-8-16
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2016-04-19 10:00 AM - Commissioners' Agenda
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Real Estate Purchase and Sale Agreement 4-8-16
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Last modified
4/7/2018 10:47:22 AM
Creation date
4/7/2018 10:46:47 AM
Metadata
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Meeting
Date
4/19/2016
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
c
Item
Shady Acres Mobile Home Park Purchase and Sale Agreement
Order
3
Placement
Board Discussion and Decision
Row ID
28963
Type
Resolution
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<br /> <br />Page 4 of 13 <br /> <br /> INITIALS: <br /> Seller:_________/Date:________ <br />Purchaser:_________/Date:________ Seller:_________/Date:________ <br /> <br />7. Closing: <br /> <br />7.1. Date of Closing: For purposes of this Agreement, “date of closing” shall be <br />constructed as the date upon which all appropriate documents are recorded and proceeds of this sale are <br />available for disbursement to Seller. Funds held in reserve accounts pursuant to escrow instructions shall be <br />deemed, for purposes of this definition, as available for disbursement to Seller. <br /> <br />7.2. Place and Time of Closing: The sale shall be closed in the offices of AmeriTitle <br />(hereinafter the “Closing Agent”), within 30 days after the waiver of or satisfaction of contingencies set forth in <br />Section 4, but in any event not later than August 1, 2016, which shall be the Termination Date. <br /> <br />7.3. Prorations at Closing: All taxes for the current year, rents, insurance, interest, <br />mortgage reserves, water and other utilities (and other such amounts) shall be prorated as of the date of closing. <br /> Irrigation assessments, if any, shall be prorated on the basis of a 30-day month, 183 day irrigation season <br />(April 15 to October 15). <br /> <br />7.4. Seller’s and Purchaser’s Deliveries at Closing: At Closing, Seller shall deliver (or <br />cause to be delivered) to Purchaser the following: <br /> <br />7.4.1. Deed: A duly-executed and acknowledged Statutory Warranty Deed <br />conveying to Purchaser marketable fee simple title to the Property (the “Deed”) free of all liens and <br />encumbrances and defects in title other than those not objected to (or waived) by Seller as provided for herein. <br />The Deed will be in a form prepared by Seller, subject to the reasonable approval of Purchaser. <br /> <br />7.4.2. Assignment and Assumption of Leases: A duly-executed and acknowledged <br />Assignment and Assumption of Leases assigning Leases and mobile homes from Seller to Purchaser in the form <br />set forth on Exhibit A. <br /> <br />7.4.3. Closing Statement: The closing statement, prepared by the Title Company, <br />reflecting the financial terms of the transaction contemplated by this Agreement (the “Closing Statement”) <br />executed by Seller. <br /> <br />7.4.4. Further Instruments: Any and all further instruments which Purchaser or the <br />Title Company shall request of Seller in order to meet requirements of the Commitment or to otherwise effect <br />the conveyance of the Property as contemplated in this Agreement. <br /> <br />7.4.5. At Closing, Purchaser shall deliver to Seller (i) the remainder of the Purchase <br />price, subject to proration and adjustment, as provided herein; (ii) the Closing Statement, executed by <br />Purchaser; and (iii) any and all further instruments which Seller or the Title Company shall request of Purchaser <br />in order to meet requirements of the Commitment or to otherwise effect the conveyance of the Property as <br />contemplated in this Agreement. <br /> <br />7.5. Closing Costs. The Closing costs of this transaction shall be allocated as follows: <br /> <br />PURCHASER COST OR EXPENSE SELLER <br /> Seller’s attorney’s fees, if any X <br />X Purchaser’s attorney’s fees, if any <br /> Premium due for Standard Policy of Title Insurance X <br />X Premium due for Extended Policy of Title Insurance
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