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2019/07/17 Council Agenda Packet
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2019/07/17 Council Agenda Packet
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Council Agenda Packet
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7/17/2019
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b) a duly executed and completed Real Estate Excise Tax <br />affidavit; <br />c) a nonforeign affidavit pursuant to Section 1445 of the Internal <br />Revenue Code; and <br />d) any other documents, instruments, records, correspondence <br />and agreements Buyer is obligated under this Agreement to <br />provide that have not been previously delivered. <br />e) any other documents that may be reasonably required by <br />Seller or the Title Company or Closing Agent to close this <br />transaction, duly executed (provided however, no such <br />additional document shall expand any obligation, covenant, <br />representation or warranty of Buyer or result in any new or <br />additional obligation, covenant, representation or warranty of <br />Buyer under this Agreement beyond those already set forth in <br />this Agreement). <br />7.4 Additional Instruments and Documentation. Seller and Buyer <br />shall each deposit any other instruments and documents that are reasonably required by <br />Closing Agent or otherwise required to close the escrow and consummate the purchase <br />and sale of the Property in accordance with this Agreement. <br />7.5 Closing Costs. On closing, Seller shall pay real estate excise taxes, <br />if any; sales tax, if any; half of the Closing Agent's escrow fee; and shall pay the premium <br />for a standard coverage owner's policy of title insurance. Buyer shall pay half Closing <br />Agent's escrow fee and - recording fee for the deed. Additionally, Seller shall pay <br />applicable prorated items as set forth in Section 7.6 below. Buyer and Seller shall prepare <br />a real estate excise tax affidavit as required to close the sale. <br />7.6 Prorations. All normal and customarily pro -ratable items, including <br />without limitation real estate and personal property taxes and utility bills, shall be prorated <br />as of the date of closing, on the basis of a 365 day year, with Seller being charged and <br />credited for all of same up to the closing date and Buyer being charged and credited for <br />all of same on and after such date. If the actual amounts to be prorated are not known <br />as of the closing, the prorations shall be made on the basis of the best evidence then <br />available, and thereafter, when actual figures are received, a cash settlement will be <br />made between Seller and Buyer. <br />7.7 Possession. Buyer shall be entitled to possession on closing. <br />7.8 Certification of Warranties and Representations. By closing the <br />purchase of the Property, Buyer certifies and reaffirms that as of the Closing Date that all <br />of Buyer's representations and warranties under this Agreement are true and correct. By <br />closing the sale of the Property, Seller certifies and reaffirms that as of the Closing Date <br />that all of Seller's representations and warranties under this Agreement are true and <br />correct. <br />6 <br />39 <br />
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