03/28/2007 ZONING BOARD OF APPEALS Minutes

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7. Purchase Price: The agreed purchase price for said premises is Five Hundred Seventy-Three Thousand, Five Hundred Seventy-Five ($573,575) dollars. $ 1000 has been paid with the offer to purchase, and $ 0 have to be paid as a deposit this day and $ 250,000 is to be paid in cash, certified check or bank draft at the time of the delivery of Deed. $250,000 TOTAL 8. Time for Performance;Delivery of Deed: Such deed is to be delivered at 2:00 o'clock PM. on or before the 15 th Day of June, 2007, at the offices of Dunning &Kirrane, L.L.P., 133 Falmouth Road, Mashpee, Massachusetts,unless otherwise agreed upon in writing. It is agreed that time is of the essence of this agreement. 9. Possession and Condition of Premise: Full possession of said premises (a) free of all tenants and occupants, except as herein provided, is to be delivered at the time of the delivery of the deed, said premises to be then(b)not in violation of said building and zoning laws, and (c) in compliance with provisions of any instrument referred to in clause 4 hereof. The Buyer shall be entitled personally to inspect said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. Extension to Perfect Title or Make Premises Conform: If the Seller shall be unable to give title or to make conveyance, or to deliver possession of the premises, all as herein stipulated, or if at the time of the delivery of the deed the premises do not confonn with the provisions hereof, then the Seller shall use reasonable efforts to remove any defects in title, or to deliver possession as provided herein, or to make the said premises conform to the provisions hereof, as the case may be, in which event the Seller shall give written notice thereof to the Buyer at or before the time for performance hereunder, and thereupon the time for performance hereof shall be extended for a period of thirty(30) days. Reasonable efforts shall not require the Seller to spend in excess of$1,000.00 to comply with the provisions hereof. 11. Failure to Perfect Title or Make Premises Conform: If at the expiration of the extended time the Seller shall have failed so to remove any defects in title, deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at any time during the period of this agreement or any extension thereof, the holder of a mortgage on said premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto.