12. Occupancy:Seller represents that there are no parties in occupancy other than Seller and Buyer will be given occupancy on_______________ at closing. Seller will pay a fee of $50.00 per day for each day beyond occupancy date that Seller remains on thepremises. Any belongings, furniture or fixtures on property after closing shall be considered as abandoned and Buyer shall have theright of disposal of same. Any tenant, if appropriate, shall be terminated and shall have vacated the Property prior to the closing ofthis Agreement, unless otherwise agreed to by Buyer in writing. 13.Personal Property:Included in the purchase price are all fixed equipment including all window treatments, built-in appliances,refrigerator, floor coverings, stove, air conditioner(s), ceiling fans, attached lighting fixtures, mailbox, fence, storage building, plants, yardornaments and shrubbery as now installed on the property, and these additional items which will be conveyed by Bill of Sale at the closing:__________________________________________________________________________________________________________________________________________________________________________________________________________________________________Items specifically excluded from this Agreement: _____________________________________________________________________________________________________________________________________________________________________________________14. Default and Attorney's Fees:If Buyer defaults on this Agreement, all deposits will be retained by the Seller as full settlement ofany claim, whereupon Buyer and Seller will be relieved of all obligations under this Agreement. If Seller defaultsunder this Agreement, the Buyer may seek specific performance or elect to receive the return of the Buyer's binderdeposit(s) without thereby waiving any action for damages resulting from Seller's breach. If Seller refuses to sell forany reason other than those outlined herein, Seller and Buyer herewith agree that this Agreement, and all transactionscontemplated hereby, shall be governed by, construed and enforced in accordance with applicable state law. Any andall claims, controversies or disputes arising out of or relating to this Agreement, or the breach thereof, which remainunresolved after direct negotiations between the Parties, shall first be submitted to confidential mediation inaccordance with the rules, procedures, and protocols for mediation of disputes under applicable state law then in effect upon ten (10)days notice via both certified and regular mail, one party unto the other. If any issues, claims or disputes remain unresolved aftermediation concludes, the Parties hereto agree to immediately submit any such issues to binding arbitration before one/threearbitrator(s) in accordance with the rules, procedures, and protocols for arbitration of disputes under applicable state law then in effect.The parties further agree that the award of the arbitrator(s) is binding upon the Parties and that all expenses of such mediation and/orarbitration shall be borne by the losing Party and that any judgment upon the award rendered may be entered, after ten (10) days, intoany court of competent jurisdiction.15. Zoning and Restrictions:Seller warrants Property is zoned residential. Should Buyer discover any proposed zoning changeunacceptable to Buyer, Buyer may void this Agreement and maintain all rights to compensatory and consequential damages.
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- Fall '19
- buyer, seller, title insurance