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HomeMy WebLinkAboutPHEOTIS UPSHAW , II , REAL ESTATE SALES CONTRACT -0 ~./ 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 2 ~ 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] 3 , . SIGNED, SEALED AND DELIVERED in the presence of: J ~.~I/ (Unofficial Witn ) '1IIIZ"1RU".r",,,~, ,- ~ R /,1 / ...... I/C.;' , s. .~. NOTARY pust'" 1'1.\~\ MY COMMiS~O~ ~Rtt~.: E~ ~ ~~ ~ 8/0:7.:;: -0.-'0 "~ ~ A". " /1 .... " oS -::.-~.. "'&l\'L1 """"-'S' .,~.:~/\ +(Joo& . ... ~ ~~~ ~:<fo>VAJ.' ~~~!f~1"t''!>__1 \\4i. ""'" 'II[)'~I' 1<\""\. "<\~ ~~;?~ ~",q) t~ ~ \ ct\\'. 'J'/'i~{.1/1#::[i5ti~~ae SIGNED, SEALED AND DELIVERED ~~ (Unofficial Witness) ~ tJ ~B?~ NOTA UBLlC, MY COMMiSSION EXPIRES: Notary Public. Colum~ia County, G:>:_., My Commission Expires Aug. 1. 20u6 ~ PHEOTIS UPSHAW nJ..l:~GUST~R~~L_ lfli" As its Mayor O' Att~~ _ Clerk - _ . / 4