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2023-096 Ordinance
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2023-096 Ordinance
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Last modified
10/4/2023 1:44:48 PM
Creation date
10/4/2023 1:37:51 PM
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North Olmsted Legislation
Legislation Number
2023-096
Legislation Date
10/3/2023
Year
2023
Legislation Title
Parcel 237-19-027 Sale to GDIII Ventures, LLC
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• Default by Purchaser of this Agreement, which, if not remedied within two (2) <br />business days from receipt of notice by Seller of the Default, shall entitle Seller, at <br />its option, to terminate this Agreement by written notice to Purchaser and to <br />pursue immediate remedies against Purchaser pursuant to terms of this <br />Agreement. <br />3. CONVEYANCE OF TITLE AND OTHER DOCUMENTS <br />3.1 Property. Seller shall convey, or cause to be conveyed, fee simple insurable title <br />to the Property to Purchaser by a good and sufficient limited warranty deed (the "Deed"), <br />reasonably acceptable to Purchaser and Seller, conveying title thereto to Purchaser, free and clear <br />of liens and encumbrances, except zoning and building ordinances, real estate and all ad valorem <br />taxes and assessments both general and special not currently due and payable, liens and <br />encumbrances caused by Purchaser, those Gens, claims and encumbrances and matters of record <br />not objected to by Purchaser within the inspection Period (as hereinafter defined) or objected to <br />but subsequently waived by Purchaser, and matters disclosed on the Survey (as hereinafter <br />defined), all of the foregoing collectively referred to herein as the "Permitted Encumbrances." <br />4. TITLE INSURANCE AND SURVEY <br />4.1 Title Insurance. Within thirty (30) days after the date hereof, Purchaser may <br />cause the Title Company to examine title to the Property and prepare a written commitment (the <br />"Title Commitment") for an owner's policy of title insurance in standard form insuring title to <br />• the Property to Purchaser in the amount of the Purchase Price (the "Title Policy"), <br />4.2 Survey. Prior to the Closing Date, Purchaser may cause, at its expense, a survey <br />of the Property (the "Survey") to be prepared. <br />5. CLOSING AND ADJUSTMENTS <br />5.1 Escrow Ascent: Closing Date. The closing of the transaction contemplated hereby <br />(the "Closing") shall be effected through an escrow established with the Title Company. All <br />documents necessary for the completion of this transaction shall be deposited with the Escrow <br />Agent on or before or such later date as mutually agreeable to the parties <br />(the "Closing Date'). All funds necessary for completion of the Closing shall be deposited with <br />the Escrow Agent so as to permit the Closing to occur, and funds to be disbursed from the <br />escrow to Seller, on the Closing Date. This Agreement, together with the Escrow Agent's usual <br />conditions of acceptance, shall serve as escrow instructions; provided, however, that in the event <br />of any conflict between the provisions of this Agreement and the Escrow Agent's usual <br />conditions of acceptance, the provisions of this Agreement shall govern. <br />5.2 Closing Deliveries. <br />(a) Seller shall deposit into escrow the following documents and insimments on or <br />prior to the Closing Date, duly executed and acknowledged where appropriate: <br />(1) the Deed; (2) evidence of compliance by Seller to the provisions of Section <br />1445 of the Internal Revenue Code of 1986, as amended; (3) such documentation <br />• as is reasonably and customarily required by the Title Company to issue the Title <br />
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