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FEB-19 97 09:52 FR019:4 007000 T0:1 578 547 3699 PRGE:02
<br /> TIME FOR Such deed is to be delivered at 1:00 o'clock P.M. on or before the 10th day of January, 1997, at the
<br /> PERFORMANCE; Barnstable County Registry of Deeds, unless otherwise agreed upon in writing. It is agreed that time is
<br /> DELIVERY OF DEED of the essence of this agreement.
<br /> (fiffin)
<br /> g. POSSESSION AND Full possession of said premises free of all tenants and occupants, except as herein provided, is to be
<br /> CONDITION OF delivered at the time of delivery of the deed, said premises to be then (a) in the same condition as they
<br /> (attach a list or WS,'ff jtLsp?PaWg jJw.a^d wear thereof excepted, and (b) not in violation of said building and zoning
<br /> exceptions, if any) shall be entitled personally to inspect said premises prior to deliGertS$r`CYr9'2ltftiir 1rh4lSYtfi uT'ts tY.�Fb
<br /> whether the condition thereof complies with the terms of this clause.
<br /> 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance, or to deliver possession of the
<br /> PERFECT TITLE OR premises, all as herein stipulated, or If at the time of the delivery of the deed the premises do not
<br /> MAKE PREMISES conform with the provisions hereof, then
<br /> CONFORM
<br /> (Change period of the SELLER e{ests to shall use reasonable efforts to
<br /> time if desired) remove any defects In title, or to deliver possession as provided herein• or to make the said premises
<br /> conform to the provisions hereof, as the case may be, in which event the SELLER shall give written
<br /> notice thereof to the BUYER at or before the time for performance hereunder, and thereupon the time for
<br /> performance hereof shall be extended for a period of thirty days. 'Reasonable efforts' shall not be
<br /> PP Pd(o ep ire SELLER's expenditure of over$1,000.
<br /> 11.
<br /> FAILURE TO a�158 BX�JII'4 'un u. ...c ...__ ..
<br /> PERFECT TITLE OR deliver possession, or make the premises conform, as the case may be, all as herein agrees, or n ar my
<br /> MAKE time during the period of this agreement or any extension thereof, the holder of a mortgage on said
<br /> PREMISES premises shall refuse to permit the insurance proceeds, if any, to be used for such purposes, then any
<br /> CONFORM, etc. payments made under this agreement shall be forthwith refunded and all other obligations of the parties
<br /> hereto shall cease and this agreement shall be void without recourse to the parties hereto.
<br /> 12. BUYER'S ELECTION The BUYER shall have the election, at either the,original or any extended time for performance, to
<br /> TO accept such title as the SELLER can deliver to said premises in their then condition and to pay therefor
<br />- ACCEPT TITLE the purchase price without deduction, in which case the SELLER shall convey such title, except that in
<br /> the event of such conveyance in accord with the provisions of this clause, if the said premises shall have
<br /> been damaged by fire or casualty insured against, then the SELLER shall, unless the SELLER has
<br /> previously restored the premises to their former condition, either
<br /> (a) pay over or assign to the BUYER, on delivery of the deed, all amounts recovered or recoverable
<br /> on account of such insurance, less any amounts reasonably expended by the SELLER for any
<br /> partial restoration, or
<br /> (b) If a holder of a mortgage on said premises shall not permit the insurance proceeds or a part
<br /> thereof to be used to restore the said premises to their former condition or to be so paid over or
<br /> assigned, give to the BUYER a credit against the purchase price, on delivery of the deed, equal
<br /> to said amounts so recovered or recoverable and retained by the holder of the said mortgage
<br /> less any amounts reasonably expended by,the SELLER for any partial restoration.
<br /> 13. ACCEPTANCE OF The acceptance of a deed by the BUYER or his nominee as the case may be, shall be deemed to be a
<br /> DEED full performance and discharge of every agreement and obligation herein contained or expressed, except
<br /> ...:...._ ...,,rch a M:.�., r,ayExN,tc.t. :.r.rr.. ^;'�. e 1'll'/�r� A sa•,'a�-dey�.w •.--r— ..
<br /> 14 USE OF MONEY TO To enable the SELLER to make conveyance as herein provided, the SELLER may, at the time of
<br /> CLEAR TITLE delivery of the deed, use the purchase money or any portion thereof to clear the title of any or all
<br /> encumbrances or interests, provided that all instruments so procured are recorded simultaneously with
<br /> the delivery of said deed, except a discharge of any institutional mortgage may be obtained and
<br /> recorded promptly after closing according to customary conveyancing practice.
<br /> 15. INSURANCE ,
<br /> 'Insert amount (fist XWo of fnsarahse - — - - — ° imint 04 Govamgo
<br /> additional types of
<br /> insurance and (a)FireanA Eelended6er erage 'S
<br /> amounts as agreed) (k)
<br />
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