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said acrea~e computation ar~y existtng- arid/or recorded right-of- ~
~vay~ and easements, provided however Lhat there shall be included
in ~aid acreage computation ar~y platted streets on existing
reca:ded subdivision plats covering portions of said property
~ahich platted streets have not been opened or used and have _ ~
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not~been dedicated to or accepted by the public or by ar~y
goverrunen~al authority. Said surv~y sYa 11 be made at TRUSTEE'S ~
expense.
_ 7. In the event that any sale of lands upon which
this Option is properly exercised by TRUSTEE shall not be i
closed.by reason of default on the part of ALI.EN, then, at the
option of TRUSTEE, the ONE THOUSAND D4LLAR ($1,000.00) consideration
paid by TFtUSTEE for this ~?ption and any ad valo~em taxes paid
by TRUST.:E on any lands on which the purchase has not been
closed~shall be returned to TRUSTEE upon demand, and if TRUSTEE
si:all so elect, then, upon said return of sa3d ONE THOUSA?1D DOLLARS
($3,000.00) and ad va lorem taxes, all parties hereto shall be ~
relie~E: oi' ~urther obligations hereunder. However, in the event
~ title ta said ~roperty is u.~unarketable and ALLE.N is unable to
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render title marketable in accordance :,rith the provisions of
this A~reement, then TRUSTEE rn serves the option of closing
tnis ~ransaction in the same manner as if no such defect had '
beer. £ound. In the event that any sale of lands upon which this ~
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Option is properiy exercised by TRUSTr.E shall not be closed
by reas~n of defau3t on the part of TRUSTEE, then ~he consideration
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of Ot~i:: :OL'SAND DOLLARS (~1,000.00) paid ~or this Optian shall
be re~ained by ALLF.~1 as agreed and liquidating d~.mages and all '
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:;:r;:her ri~nts and obligations of all parties under this Agreement
;;`r:~ll ce termina~ed. ~ ~
TRUST~?E shall have the rignt and privilege of
en;.e:~~: ~ upen all oP tlie lands described in this Option ir.imediately
~:;::.n ;.::e executior. oi this A~: eement or at any tirr.e thereaf ~er t
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u~:_ ~r:~ tr,e ~eriod tr.is Option is in effect for tr.e p~rpose ~
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in~~ectic~;, surveyin~,;, per~ormin~ preliminary engineeria~
?:o:::, and fcr sucn ather purposes as ma;;~ be reasonab~ y necessary
;:-o- ena~ie TRUST~~ to pI ;r, for ~ne develo~; ~ent of said orooerty ~
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