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HomeMy WebLinkAbout0334 b. That the Seller, from date of execution of this Agree- ment, shall not cause any liens or encumbrances to be placed upon sub- ject real property without the express written consent of Buyer pending - closing hereunder. 9. DEFAULT: a. Buyer's Default: - In the event that the Buyer defaults in the obligations undertaken by this Agreement, then the Seller shall receive the deposit tendered herewith as full and agreed upon liquidated damages and not as ' L a penalty. ; b. Seller's Default: In the event of the default of the obligations undertaken by the Seller, Buyer shall be entitled to his choice of the follo~~ing remedies: (1) Buyer may compel Seller to convey the property i ; which is the subject matter herein by a suit for specific performance; or ~ i (2) Buyer may de~lare this Contract to be null and E s c ~ void and demand the return of his deposit from Seller, in which event ~ ~ ' ~ all of the parties hereto shall be relieved from further liability hereunder. ~ ~ c. Attorneys' Fees in Event of Default: ~ ~ Should it be necessary for either party to this Agree- ~ ment to seek redress by court proceedings against the other for any default ~ ~ hereunder or to defend the same, then and in that event, the prevailing ~ s ~ ~ ' ~ party shall be entitled to recover all costs of such proceeding, including ! ~ ~ reasonable attorneys' fees, from the non-prevailing party. 10. REPRESENTATIONS: All representations set forth herein shall survive any _ ; c`; closing contemplated hereby. 4~ ~ eooK ~.~c~ 4~~ - 5 - 2~0 334 3- ~ _ ; ~ : -~~ry , ~ ~ ~ ~ _ - ~ - ~ . . ~ ~ -