RES-2022-140 - Laserfiche WebLink

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SOLAR Water Right as defined in Paragraph4.6. l0.l .4 Prorations at Closins: There shall be no pro-ration at closing for taxes andlor assessments. 10.1.5 Oblieations of Purchaser and Seller at Closing: Purchaser and Seller shall deposit with the Closing Agent all instruments, documents, and monies necessary to transfer the SOLAR Water Right from Seller to Purchaser and close the sale in accordance with this Agreement. 10.1.6 Palument of Closing Costs: I0.I.7 Costs to be divided Equally: Escrow fees, if any, the closing fee charged by the closing agent, document preparation fees, and Contract Collection fees, if any, including set up and annual fees shall be divided equally between Seller and Purchaser. 1 0. 1 .8 Costs to be paid by Seller: Seller shall pay, title insurance, attorney's fees incurred by Seller, if any, and other charges normally borne by a seller. 10.1.9 Costs to be Paid by Purchaser: Purchaser shall pay all real estate transfer taxes, Purchaser's attorney fees, if any, and those costs or expenses normally allocated to apurchaser in a real estate transaction. 1 1. Date of Closing. For purposes of this Agteement "date of closing" or "closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Seller. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Seller. 12. Default. If the Seller defaults (that is fails to perform the acts required of it) in its contractual performance herein, the Purchaser may seek specific performance pursuant to the terms of this Agreement, damages or rescission. Ifthe Purchaser seeks damages or rescission, the earnest money, upon demand, shall be refunded. If the non-defaulting party seeking damages or rescission is Seller, the earnest money, upon demand, shall be forfeited and paid to Purchaser. In the event the Purchaser fails, without legal excuse, to complete the purchase of the SOLAR Water Right, the earnest money deposit made by the Purchaser shall be forfeited to the Seller as the sole and exclusive remedy available to the Seller for such failure. 13. Execution of All Documents. Seller and Purchaser, individually and severally, hereby acknowledge that the execution of all documents associated with this transaction will substantially affect their legal rights and that each has the opportunity to obtain and consult with independent legal counsel for the purposes of this transaction and matters relating thereto. Srtt"r, Jlz purchaser: _L$_ 6