2001-144 Ordinance - Laserfiche WebLink

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? Conditions of Eserow 2.02 The conveyance to Buyer, or its nominee, of good and marketable title to the Property by Limited Wananty Deed is a condition of this transaction. Seller shall provide such title evidence by an Owner's Fee Policy of Title Insurance issued by CHICAGO TITLE INSURANCE CQMPANY in the amount of the purchase price, subject only to (i) real estate taxes and assessments, both general and special, which are not yet due and payable; (ii) zoning ordinances; (iii) standard except'ions contained in the title company's typical form of title insurance; and (iv) such other fiens, encumbrances, restrictions, easements or conditions of record, if any, which do not materially adversely affect the use or value of the Property. The obligations of Seller hereunder are specifically conditioned upon the dismissal with prejudice by Buyer of the lawsuit styled City of North Olmsted v. C& C Realty, et al., Case No. 2001 ADV 0048610, currently pending in Cuyahoga County Probate Court. Deliverv of Possession 2.03 Seller shall deliver possession of the Property to Buyer, or its nominee, immediately on Closing, free and clear of all uses, tenancies and other occupancies, except such as Buyer may expressly waive in writing, except, however, the temporary lease granted by Seller to James Pieknik, 2073 West 100 Street, Cleveland, Ohio from November 20, 2001 to December 3 l, 2001 for the sale of Christmas trees. Time for Closing 2.04 This transaction shall close on or before November 20, 2001. Failure of Conditions 2.05 Should any of the conditions specified in Article 2 fail to occur, Buyer and/or Seller shall have the power, exercisable by the giving by it of vvritten notice to the escrow agent and to the other party to cancel such escrow, ternunate this Agreement, and recover in the case of Buyer, or retain, in the case of Seller, any amounts paid or documents delivered to each other or to the 2