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Commercial Contract - Unimproved Property Concerning <br />Corner of Loop 286 and Hwy 82 West <br />survey, or <br />B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, <br />commitment, Buyer may: less an independent consideration under <br />(1) terminate this contract and receive the earnest money, Y <br />Paragraph 7B(1), as the sole remedy; or <br />(2) extend the time for performance up to 15 days and the closing will be extended as necessary. <br />C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and <br />Buyer may: <br />(1) terminate this contract and receive ththereb money, releaing the parties from om this contract or <br />under <br />Paragraph 78(1), as liquidated damages, Y <br />(2) enforce specific performance, or seek such other relief as may be provided by law, or both. <br />nced against any part of the <br />16. CONDEMNATION: If before closing, condemnation proceedings are comme <br />Property, Buyer may: <br />A. terminate this contract by providing written notice to Seller ss any l independent consideration vpaid under <br />condemnation proceedings and the earnest mon y, <br />Paragraph 713(1), will be refunded to Buyer; or <br />B. a pear and defend in the condemnation proceed <br />P <br />ing sam emountrowilt, at Buyer's election, belong to: <br />(1) Seller and the sales price will be reduced by the <br />(2) Buyer and the sales price will not be reduced. row <br />17 <br />ATTORNEY'S FEES: If Buyer, Seller, any broker, or any this transactionssuch party prevailing is party to recover <br />proceeding brought under or with relation to this rote c <br />from the non - prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph <br />17 survives termination of..this contract. <br />18. ESCROW: <br />A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing <br />costs, and any excess will be refunded to Buyer. payment of <br />B. if both parties make written demand for the and a escrow <br />og liability ty of escrow ow ag agent from <br />unpaid expenses incurred on behalf of the parties <br />all parties. <br />If one arty makes written demand for the earnest money, escrow agent will give notice of the demand <br />C p of the demand. If escrow agent does not receive written objection <br />a by providing to the other party copy <br />to the demand from the other party within 15 days after the date escrow agent sent the demand tot the the <br />other P arty, escrow agent may disburse the earnest money <br />t° receiv'Ing the earnest money and descrow <br />amount of unpaid expenses incurred on behalf of the part y <br />agent may pay the same to the creditors. before disbursing any <br />D. Escrow, agent will deduct any independent the independent tconsiderat consideration Seller.B(1) <br />earnest money to Buyer and will pay hereby releases escrow agent from all <br />E. If escrow agent c disbursal of the earnest money. party Y <br />claims related to <br />F. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to <br />escrow agent are effective upon receipt by escrow agent <br />19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) attached Property <br />❑ A. Seller is not aware of any material defects to the Property except as stated in <br />Condition Statement. <br />Page 9 of 12 <br />(TAR -1802) 10-18 -05 Initialed for Identification by Buyer , and Selle <br />Produced with ZipFomn0 by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 ww zipLoaix com <br />Montgomery - �! <br />