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<br />43 Terms: <br /> <br />44 <br /> <br />45 <br /> <br />46 0 <br />47 <br />48 ~ <br />49 <br />50 5. <br />51 <br />52 <br />53 <br />54 <br />55 <br />56 <br />57 <br />58 <br />59 <br />60 <br />61 <br />62 <br />63 <br />64 <br />65 6. <br />66 <br />67 <br />68 <br />69 <br />70 <br />71 <br />72 <br />73 <br />74 <br />75 <br />76 <br />77 <br />78 <br />79 <br />80 <br />81 <br />82 <br />83 <br />84 <br />85 <br />86 <br />87 <br />88 <br />89 <br />90 <br />91 <br />92 <br />93 <br />94 <br />95 <br />96 <br />97 <br />98 <br /> <br />37745645 <br /> <br />Assumption by Buyer of Existing Note and Deed of Trust. (See rider #2105) or Seller to Take <br />Back Note and Deed of Trust. (See rider #2097) <br /> <br />Not Contingent Upon Financing. This contract is not contingent upon financing, however, Buyer <br />reserves the right to finance any portion of the purchase price. <br /> <br />CLOSING AND POSSESSION <br /> <br />The "Closing" is the exchange of the deed for the purchase price. The closing of this sale <br />shall take place on June 23, 2005 , or any other date that both parties agree. <br />Buyer will close at Old Republic Title, Clayton, MO , the title company which provides title <br />insurance. Regardless of who closes for Buyer, Seller may close at the title company of <br />Seller's choice. Title will pass when the sale is closed. Possession of the property and keys <br />to be delivered to Buyer no later than Closing m. of . <br /> <br />(Note: If possession is on a day other than day of closing, parties should complete the <br />appropriate rider to this contract.) Broker is not responsible for delivery of keys and it <br />is recommended that Buyer change locks following possession. Deed as directed <br />by Buyer. Except for tenants lawfully in possession. Seller warrants that the property will be <br />vacant as of time of possession and delivered to Buyer in its present condition <br />(together with any improvements or repairs required by this contract, ordinary <br />wear and tear excepted). Buyer and Seller authorize title company and/or closing <br />agent to release to broker(s) signed copies of the closing statements. <br /> <br />TITLE AND SURVEY. <br /> <br />Seller shall transfer title to Buyer by general warranty deed (or fiduciary deed, where <br />applicable), subject to the following: a) zoning regulations; b) leases and occupancy of <br />tenants existing on the date contract is executed by Buyer and disclosed to Buyer in <br />writing before execution of contract by Buyer; c) general taxes payable in the current year <br />and thereafter; d) any lien or encumbrance created by or assumed by Buyer in writing or any <br />easement accepted by Buyer in writing; e) subdivision, use and other restrictions, rights of <br />way and utility easements, all of record, which do not adversely affect the use of the <br />property as it exists for residential purposes at the time of the contract. <br /> <br />Check box (whether "Seller to Order, Provide and Purchase Title" or "Buyer to Order and <br />Purchase Title"). <br /> <br />o Seller To Order, Provide and Purchase Title. <br /> <br />Not later than days (5 if none stated) after the "Acceptance Deadline" date, Seller will <br />order a commitment for title insurance to be provided to the Buyer for both an Owner's policy. of <br />title insurance and for a Lender's policy of title insurance (if required by lender) in the latest AL TA <br />form including mechanics lien coverage from the title company selected in paragraph 5. Seller and <br />Buyer authorize and direct the. title company to furnish this commitment to the selling and listing <br />Broker. Seller shall pay for the title insurance, at closing, at a cost notto exceed . <br />Buyer to pay title cost exceeding this amount. <br /> <br />~ Buyer to Order and Purchase Title. <br /> <br />Buyer may, at Buyer's option and expense, order a title examination and a commitment <br />to issue an owner's and/or lender's policy of title insurance in the latest AL TA form <br />including mechanics lien coverage from the title company specified in paragraph 5. <br />(Note: This should be ordered promptly after contract acceptance in order to allow sufficient <br />time to obtain and review documents, and, if necessary, object to defects that may be <br />discovered.) <br /> <br />Buyer may, at Buyer's option and expense, order a Boundary Survey and Improvement Location ("stake <br />survey") or a Surveyor's Real Property Report ("spot survey") of the property to determine if there are any <br />defects, encroachments, overlaps, boundary line or acreage discrepancies, or other matters that <br />would be disclosed on a survey. <br /> <br />Note: A "stake survey" is generally required In order to obtain full survey coverage in an owner's policy of title <br />insurance. A "spot survey" is the minimum report normally required by a lender and it mayor may not <br />disclose all of the defects involving such matters as encroachments, overlaps, boundary line or acreage <br />discrepancies. <br /> <br />20(6 <br />