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4/17/1985
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4/17/1985
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7/23/2015 11:51:12 AM
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Meetings
Meeting Type
Regular Meeting
Document Type
Minutes
Meeting Date
04/17/1985
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BOOK 60 PACAV <br />MECHANICS LIENS: Seller shal furnish to the buyer an <br />etficdavit that there have been no improvements to the subject <br />property for 90 days immediately preceding the date of closing. <br />If the subject property has been improved within 90 days <br />immediately preceding the closing date, the seller shall deliver <br />releases or waives of all mechanics liens executed by general <br />contractors, subcontractors, suppliers or materialmen and a <br />seller's mechanics lien affidavit. <br />H. PLACE OF CLOSING: Closing shall be held at the office of the <br />Buyer's attorney or as otherwise agreed upon. <br />I. DOCUMENTS FOR CLOSING: Seller's attorney or other closing <br />age'ht shall prepare deed, and corrective instruments, seller's <br />affidavits, and closing statement. Buyer's attorney shall prepare <br />the purchase money note and mortgage. Copies of all such <br />documents shall be submitted to the other party's attorney at <br />least two (2) days prior to the closing date. Copies shall also <br />be furnished to participating Brokers upon request. <br />J. EXPENSES: State surtax and documentary stamps required on <br />deed, costs of recording any correcting instruments and the cost <br />of recording the purchase money mortgage shall be paid by the <br />seller. Documentary stamps to be affixed to the note or notes <br />secured by the purchase money mortgage; intangible tax on <br />mortgage, and the cost of recording the deed shall be paid by the <br />buyer. <br />K. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be <br />prorated based upon the current year's tax without regard to <br />discount. If the closing takes place and the current year's taxes <br />are not fixed, and the current year's assessment is available, <br />taxes will be prorated based upon such assessment and the prior <br />year's millage. If the current year's assessment is not <br />available, then taxes wily be prorated_ on the prior year's tax; <br />provided, however, if there is a completed improvement of the <br />subject premises by January 1 of the year of closing!, then the <br />taxes shall -be prorated to the date of closing based upon the <br />prior year's millage and an equitable assessment to be agreed upon <br />between the parties, taking into consideration Homestead <br />Exemption, if any. However, any tax proration based on an <br />estimate may at the request of either party to the transaction, be <br />subsequently readjusted upon receipt of tax bill, if a statement <br />to that effect is set forth in the closing statement. <br />L. SPECIAL ASSESSMENT LIENS: Certified, confirmed or ratified <br />assessment liens as of the date of closing (and not as of the date <br />of the contract) are to be paid by the seller. Pending liens as <br />of the date of closing shall be assumed by the buyer, provided, <br />however, that where the improvement has been substantially <br />completed as of the date of the contract, such pending liens shall <br />be considered as certified, confirmed or ratified and the seller <br />shall at closing be charged an amount equal to the last estimate <br />by the - public body of the assessment for the improvement. <br />M. PERSONAL PROPERTY: The Seller represents and warrants that <br />all major appliances and machinery Included -4n- the sale shall be <br />In good working order and repair as of the date of closing. Buyer <br />may, at his sole expense and on reasonable notice, inspect or <br />cause an inspection to be made of the appliances and equipment <br />involved prior to closing. Any necessary repairs shall be made at <br />the cost of the Seller and, if appropriate, adequate funds shall <br />be escrowed at time of closing to effect such repairs. Unless <br />otherwise agreed by the parties, the Buyer shall, by proceeding to <br />closing, be deemed to have accepted the property as is. <br />N. RISK OF LOSS: If the improvements <br />other casualty before delivery of the dee <br />substantially the same condition as now <br />of sixty (60) days thereafter, Seller may <br />and the closing ,.date and date of <br />hereinbefore provided shall be extended <br />33 <br />are damaged by fire or <br />I and can be restored to <br />existing within a period <br />restore the improvements <br />delivery of possession <br />accordingly. If Seller <br />
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