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HomeMy WebLinkAbout0439 uuCi1DUM `i`v CONTRI~LT D11TED JVLY 15, 1.~76 ~3Y AND DET~VE~N CI~AYTON TRUST COMPANY, 'RUSTEE of the Testamentary Tru~t created iindcr the L~st Will and Testament f F.RWIH T. liUt~ER, Dec:ea:~ed ancl D. AI,VI~NA ltU[iER and AItTHUR WnLI'F, ~s ncil.lary Pc:rson~t Representativ~~ of s.~id ~state as Sellers, and JACK A. A::TER, as Trus~ee, and/or Assigns, as Buyer. he undexsigned principals do t~ercby agree that the following terms, conditions nd covenants are a part of the aforementioned contract, to-wit:~ . COURT A['PROVAL OR 11UTNORIGIITION OF CONTRACT: This contract is conditioned up~n ~l~e ~+~~%roval ot the tc•rms and conditions hcrcof and of the sale con- templated hereunder (or such Order oF Court as autliorizes the Seller, Trustee and the Ancillary Personal P.epresentative to perform all obliga-~ ~ ti~•~~s of Sellcr otherwise imposed upon the Seller, Trustee and Aiicillary Personal Representative heFeby) by the Circuit Court, St. Louis County, Missouri, in regards to th~ Testamentary Trus t creai:ed under the Last Will of ERt7IN T. HU9ER, Deceased and by the Circuit Court, Prol~ate ivision, St. Lucie County, Florida, if required under Florida law on l~~ . alf o th~una„la ar~ac{;no i trst~i,ontof said sta ae. this regarc~,, h ~ oti i raiser . a s. yE " . The cost of said appraisal shall be borne by Seller. Upon receipt ofsaid appraisal, Seller shall proceed with and diligently attempt to secure the Court"approvals or authorizations as af~resaid. In the ~vent such approval or authorization is not granted within 50 da}~s from ttie date vf this contract, this contract shall, at the option of either party (Seller or Buyer), be can~elled and the sum ' deposited hereunder by Buyer~shall be forthwith returned to Buyer and the parties relieved of further obligations hereunder. . This contract is c~ntingent upon the ~3uyer, at said Buyer's expense, . obtaininy from the proper governmental authorities having jurisdiction over the property (a) zoning permitting single family housing and (b) s~bdi~~ision platting of thc property. The Buyer shall have 120 days fro~n the date of the accepta:~ce and approval by the Cir~uit Courts• . required under paragraph 1 above, ~o obtain said approvals, and in the event pro~er ionin~~ and plat approval is denied by the governmental authorities having jurisdiction, then in such event the deposit made _ this day shall be returned to the Buyer by_ the escrow agent and all ~~~'parties liereto shall be relieved from all further obl.igations hereunder. I Buyer shall diligently ~roc•=~ed to obtain such zoning immediately after the ~ a pr.-~isals referred t in l. b ~?e are g an~ed C~riveya»ce by the Sel~ers wi~`l~e by a~pecial. Warranty Deed approved i EF1~y all principals. Said Deed shatl be prepared by the Buyer's Attorney~, s and submitted to the Seller_'s Attorney 30 days prior to closing of the ~ co~tract. 6 ,~~II,~'Ls pro~iin~~~~i~ns ~e..~~~cr~ cFv~nearits 11 ~be subject to all reservations, limita- f, tions,/rP~ ric i~hs an- e~semc~nts of record, as shown in `tlic~ abstract or the Title I:~surance Bincier furnished to the [3liyer's Attorney, at least 30 days prior to the date oF c~~siny. ~ . ~ The Rti~~er repr~sFnts to th~ Sell~rs tha~ said 13uyer }ias not discussed the purchase of the pi-opert}~ ~~itli ~ny real esLa~e 13rokcr ancl that in the event any real est.ate [;roker should make any claims for real estate = c~minission clue, s~id cor~mission shal.l be p~id by the nuyer, and Buyer ~ £urther agreos to hold Seller harmless from any ancl al'1 such claims ; w - = a ris ing tl~ereunJer'. . ~ ~ • ~ ' • • _ ~ 5 ~ ~ ~ ~ ~ Z ~ ' ~ ~ . 3 ~ BOO~cIG7i fAGF ~ .3 $ Y ~ . ~ ~