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as herein provided, And ii 8eller l~ils to make eaid title
market~ble oa or beiore December 2t3, 1970, the Purchaser
m~y declare thie contract aull and void snd oi no lurther ;
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force ~nd eliect s?nd shall thereupon be entitled to re-
ceive back the deposit this d~y made, or.Purchaser may
waive auch delects in ~:itle and consummate thie trsns-
actioa Nithout~deduction from the purchaee price.
6. In the event title to said property is tound
to be good and marketable or is readered good and market-
able,.as herein provided, and Purchaser shall fail, refuee
or aeglect to complete the purcbase, as herein provided,
Seller may determine and declare tbis contract terminated
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and shall retain the aforesaid deposit as a fair and ~ust
compensation for damages eusts~ined by Seller by such breach
of contr~ct, and the broker ahall pay over said sum to
Seller, lese agreed commission to the broker. It is
agread between the parties tbat the amount of the deposit
as set forth in Paragraph 1 of this Agreement is the
actual damages of 3eller in case of breach of thia contract.
Unlesa other~riae provided berel~, all ad~ust-
ments of taxes on eaid property shall be made on a pro-rata
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; basi6 as of the date of title closing, and pro-rating of
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~ taxes shall be based upon the latest available assesements.
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~ Tbereafter, taxes shall be paid by the Purchaser pN ~t ~R
~4RCti WUdtR G011~f'RO~C.~. ~
8. Certified, confirmed or ratified special ~
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assessment liens as of the date of closing (and not of
~ the date of the contract) are to be paid by tbe 3eller.
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~ Pendiug liens as of the date of closing shall be assumed
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~ by the Purchaser, provided, however, that where the im-
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~ provement has been substantially completed as of the date
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~ of tbe contract, sucb pending liens s6a11 be considered ~
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~ as certified,~con~irmed or ratitied, and the S~ller shall,
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~ at closing, be charged an amount equal to tbe last estimate
~ by tbe public body o! the assess~ent !or the improvement.
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~ -6- ~-~9 ~ .791
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