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The VENDOR agrees to convey said premises to the VENDEES by good and <br />sufficient warranty deed warranting the same free from all encumbrances whatso- <br />ever except zoning ordinances, conditions and restrictions of record, easements <br />and reservations, if any, and current taxes and/or assessments. <br /> <br /> The VENDOR agrees to furnish a guarantee of title procured from Lawyer's <br />Title Insurance Corporation guaranteeing in the amount of the purchase price, <br />that the record title is such as warranted in said deed. <br /> <br /> The VENDOR agrees to deliver possession of said premises to the VENDEES <br />as of the date of the filing of the deed for record. <br /> <br /> The deed, funds, mortgage, if any, and all otber documents necessary <br />to complete this transaction shall be deposited with The Cleveland Trust Company, <br />14800 Madison Avenue, Lakewood, Ohio, as escrow agent, on or before 30 days from <br />execution of this agreement, and said escrow agent is instructed to complete this <br />transaction as soon as all necessary documents and funds are deposited and the <br />escrow agent may attach its usual conditions of acceptance of escrow hereto, Each <br />party will pay one-half of the escrow fee. VENDEES to pay the cost of recording <br />deed. <br /> <br /> If the title to said premises shall not be marketable, then the VENDOR <br />shall refund to the VENDEES the earnest money paid to the VENDOR and the same <br />shall be accepted by the VENDEES in full satisfaction and discharge of all claims <br />and demands of the VENDEES arising or in any manner growing out of this agree- <br />ment and thereupon this agreement shall be null and void and both parties re- <br />leased from the obligations thereof. <br /> <br /> In the event the VENDEES fail to perform this contract of purchase and <br />sale as hereinbefore provided, the VENDOR may, at its election, either pursue <br />its rights at law and in equity or it may retain the earnest money aforesaid paid <br />in the sum of Five Hundred Dollars ($500.00) to apply toward the purchase price <br />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 respective <br />parties, their heirs, successors and assigns. <br /> <br /> · <br /> <br />Adopted: <br /> <br />Approved: <br /> <br /> Section 3. That this Ordinance is hereby declared to be an emergency <br />measure for the reasons stated in the preamble hereof and providing it receives <br />the affirmative vote of two-thirds of all members elected to Council, it shall <br />take effect and be in force immediately upon its adoption and approval by the <br />Mayor. <br /> <br /> ice Pr~ident_ ~ - <br /> Mayor <br /> <br /> <br />