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The deed, funds mort¢~ac, o if at]y, and all other document.~; necessary <br /> to complete this transaction shall be deposited with the Land Title <br /> Guarantee and Tr--~ ~- <br /> use Company, 1275 Ontario Street, Cleveland, Ohio, <br /> as escrow agent, on or before November 21, 1969, and said escrow <br /> agent is instructed to complete this transaction as soon as all nece.-. <br /> documents and funds are deposited and the escrow agent may attach it.~ <br /> usual conditions of acceptance of escrow hereto. Each party will pa] <br /> one-half of the escrow fee. VENDEE to pay the cost of recording dee~ <br /> and mortgage, if any. VENDOR agrees to~,pay the cost of transfer fee. <br /> <br /> If the title to said premises shall not be marketable, then the <br /> VENDOR shall refund to the VENDEE the earnest money paid to the <br /> VENDOR and the same shall be accepted by the VENDEE in full satisfac- <br /> tion and discharge of all claims and demands of the VENrDEE arising <br /> or in any manner growing out of this agreement and thereupon this <br /> agreement shall be null and void and both parties released from the <br /> obligations thereof. <br /> <br /> In the event the VE.N-DEE fails to perform this contract of purchase <br /> and sale as hereinbefore provided, the VENDOR may, at its election, <br /> either pursUe its rights at law and in equity or it may retain the <br /> earnest money aforesaid paid in the sum of One Thousand Dollars <br /> ($1,000.00) to apply toward the purchase price as liquidated damages. <br /> <br />This instrument contains the entire agreement between the parties and <br />said agreement shall inure to the benefit of and be binding upon the <br />respective parties, their successors and assigns. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused their officials, <br />thereunto duly authorized, to execute this agreement in duplicate <br />as of the day and year first above written. <br /> <br />SIGNATURES <br /> <br /> Section 3. 'That this ordinance is hereby declared to be <br />an emergency measure for the reasons stated in the preamble hereof <br />and providing it receives the affirmative vote of two-thirds of all <br />members elected to Council, it s~all take effect and be in force <br />immediately upon its adoption and approval by the Mayor. <br /> <br />Approved <br /> <br />Clerk <br />Mayor <br /> <br />-3- <br /> <br /> <br />