HomeMy WebLinkAboutPHEOTIS UPSHAW
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REAL ESTATE SALES CONTRACT
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THIS AGREEMENT, made and entered into this / / ./ day ofiJr8i 2005,
between and among PHEOTIS UPSHAW, hereinafter referred to as "Seller"; and
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred
to as "Buyer".
WIT N E SSE T H:
(1) For value received Seller has agreed to sell and Buyer has agreed to
buy on the terms and conditions hereinafter set forth the property described as follows:
All that tract and parcel of land known as Tax Map Parcel 046-2-141-00-0, in
Richmond County, Georgia, known 946 Fenwick Street under the present
system of numbering in Augusta, Georgia.
(2) The purchase price of the property shall be Sixty Six Thousand and
00/100 Dollars ($60,000.00), payable in cash at closing. Seller hereby acknowledges the
receipt of $10.00 as earnest money, which is to be applied as part payment of the
purchase price at the time of closing.
(3) The purchase and sale of this property shall be closed on or before
June 15, 2005 and possession of the property shall be delivered to Buyer at closing.
(4) Buyer and Buyer's representatives shall have the right to enter the
Property at Buyer's expense to thoroughly inspect, examine, and perform geotechnical
testing, and survey the Property.
(5) Seller agrees to furnish marketable title to said property and agrees to
convey said property by special warranty deed to the Buyer at the time the sale is
consummated, subject only to:
(a) Covenants and restrictions of record;
(b) Zoning ordinances.
(6) Buyer shall furnish to Seller a written statement of objections affecting
the marketability of said title at least ten (10) days prior to the date set for closing. If the
Seller shall be unable to convey title in accordance with the provisions of this contract as a
result of the property being affected by any encumbrance (other than taxes for the current
year), outstanding interests or questions of title not expressly consented to by the Buyer
which render the Seller's title to the property unmarketable, and which may, according to
reasonable expectation, be removed within thirty (30) days, the Seller shall have the
privilege to remove or satisfy the same and shall for this purpose be entitled to an
adjournment of the closing of title for a period not exceeding thirty (30) days. The Buyer
shall not be required to bring any action or proceeding or otherwise incur any expense to
render the title to the premises marketable. The Buyer may, nevertheless, accept such title
as Seller may be able to convey, without reduction of the purchase price or any credit
against same and without liability on the part of the Seller.
(7) Time is of the essence of this contract, and Seller and Buyer agree
that such papers as may be legally necessary to carry out the terms of this contract shall
be executed and delivered by the parties at the time this sale is consummated.
(8) Seller shall pay all liens, encumbrances, water charges and the like on
said property. Buyer is to pay for the examination of title, intangible tax, and preparation of
all instruments necessary to close this sale. Taxes shall be prorated as of the date of
closing.
(9) This contract constitutes the sole and entire agreement between the
parties, and no modification to this contract shall be binding unless such modification is in
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writing signed by both parties hereto. Any representations, promises or inducements not
included in this contract shall not be binding upon either party hereto. All rights, powers,
privileges and duties granted or assumed shall inure to the benefit of and shall be binding
upon any and all successors, assigns and personal representatives of the parties hereto.
(10) All notices under this contract shall be deemed sufficient if delivered to:
To Seller:
Mr. Phoetis Upshaw
c/o William R. McCracken
505 Courthouse Lane
Augusta, GA 30901
To Buyer:
Mayor Bob Young
Room 806 Municipal Building
530 Greene Street
Augusta, GA 30911
With copy to:
James B. Wall
Attorney
P.O. Box 2125
Augusta, GA 30903.
Both parties represent that each signatore below has the requisite legal
capacity and authorization to enter into this contract and bind the parties.
IN WITNESS WHEREOF, the undersigned have hereunto set their hands
and seals the day and year written above.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNED, SEALED AND DELIVERED
in the presence of:
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SIGNED, SEALED AND DELIVERED
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NOTA UBLlC,
MY COMMiSSION EXPIRES:
Notary Public. Colum~ia County, G:>:_.,
My Commission Expires Aug. 1. 20u6
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PHEOTIS UPSHAW
nJ..l:~GUST~R~~L_
lfli" As its Mayor O'
Att~~ _
Clerk - _ .
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