Laserfiche WebLink
11, LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the Property or any improvements <br />thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. <br />In the event that loss or damage to Property or any improvements thereon, by fire or other casualty, occurs <br />prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of <br />any insurance which may become payable to Seller by reason thereof, or to permit such proceeds to be used <br />for the restoration of the damage done, or to reduce the total price by an amount equal to the diminution in <br />value of the Property by reason of such loss or damage or the amount of insurance payable to Seller, <br />whichever is greater. <br />12. rRESERVED1. <br />13. POSSESSION OF REAL PROPERTY AND DISPOSITION OF SELLER'S PERSONAL PROPERTY. <br />Possession of real property shall be given to Buyer upon the recording of Seller's deed. All personal property <br />remaining on the Property ten days (10) days after the close of escrow shall become the property of Buyer <br />and Buyer may dispose of same without liability as it alone sees fit. Buyer shall not be liable for any loss of <br />or damage to said personal property, regardless of when such loss or damage occurs. <br />14. WARRANTIES REPRESENTATIONS AND COVENANTS OF SELLER, Seller hereby warrants, <br />represents, and/or covenants to Buyer that: <br />A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal <br />proceedings, or any other proceedings affecting the property or any portion thereof, at law, <br />or in equity before any court or governmental agency, domestic or foreign. <br />B. To the best of Seller's knowledge, there are no encroachments onto the Property by <br />improvements on any adjoining property, nor do any buildings or improvements encroach on <br />other properties. <br />C. Until the closing, Seller shall maintain the Property in good condition and state of repair and <br />maintenance and shall perform all of Its obligations under any service contracts or other <br />contracts affecting the Property, <br />D. Until the closing, Seller shall not do anything which would impair Seller's title to any of the <br />Property. <br />E. All utilities including gas, electricity, water, sewage, and telephone, are available to the <br />Property, and to the best of Seller's knowledge, all such items are in good working order. <br />F. To the best of Seller's knowledge, neither the execution of this Agreement nor the <br />performance of the obligations herein will conflict with, or breach any of the provisions of <br />any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument <br />to which Seller's property may be bound. <br />G. Until the closing, Seller shall, upon learning of any fact or condition which would cause any <br />of the warranties and representations in this Warranties, Representations, and Covenants of <br />Seller Section not to be true as of closing, immediately give written notice of such fact or <br />condition to Buyer. <br />Page 4 <br />