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• 193 0832 �� '1 x,25 <br /> ter/ a <br /> 3 Part II, Section 6 . dreg: Sections 6(b)(4) and (S) of rite ASrii ent an <br /> revised to include the following Subsections(4)and (S)t <br /> (4) Seller's certification to the affect that it is not subject to withholding under <br /> CaliforniaRevenueand Taudon Coda Section ISM(d). <br /> (3) Seller's and Purchaser's;written escrow instructions to Close in accordarm <br /> With the terms of this ASrBeeriM <br /> 4. Put U,Section 6 : Section 6 Is further revised to include new Subsection <br /> as follows: <br /> (t) The Closing Agent shall Close on or before the Clegg Date(1)when and <br /> if it has received;all of the Items to be deposited by Seller and Purchaser, and(ii)it is <br /> prt:gs"to issue P'urchaser's Title Policy in the condition requin d pursuant to the tants <br /> of this Agte+emant. The Closing Agent shall Close putsuant ;to Saltor`s <br /> instructions letter, which lnduder'iftmcdons to close by: <br /> (a) Re cording tfte DW and if the Seller is providing Enancing, the <br /> following:; <br /> (i) Dead of Trust <br /> (ii) Assignment of Lasses and Cash Cotisteral; and <br /> (Ili) UCC-1 Fituincing Statements; <br /> (b) IssuiSg the Title Policy to Purchaser and if Seller is providing <br /> fumming, issuing the ALTA I.AmWr's Policy to Seller; <br /> (c) Delivering to Seller tate Seller's Funds after deducting Sellers <br /> share of closing costs and adjusting for prorations•, <br /> (d) Delivering to Puroase:r, Seller's certification that it is no a <br /> 'foreign pmm*. if Available; <br /> (e) Deelivsring to Purchuar the items deposited into Escrow by Salley <br /> for Delivery to Purchaser;and <br /> {f) Delivering to Sellew the items dcpcsitcd into Escrow by Putdvm <br /> for delivery to Seller. <br /> S. Part Ili, Section I I •Sam Semon I i of the AgreemM Is reed in its <br /> entirety as folla": <br /> (A) IF PURCHASER REFUSES OR FAILS TO CONSUMMATE THE <br /> PURCHASE OF THE PROPERTY PURSUANT TO THIS AGREEMENT FOR ANY <br /> REASON OTHER THAN BREACH BY SELLER OF ITS AGREEMVITS <br /> HEREUNDER,THEM SELLER,AS ITS SOLE AND EXCLUSIVE MEDY,SHALL <br /> HAVE THE RIGHT TO TERMINATE THIS AGREEMENT' BY OWING <br /> PURCHASER AND THE TITLE COMPANY WRITTEN NOTICE THEREOF IN <br /> WHICH EVENT NEITHER PARTY HERETO SHALL HAVE ANY FURTHER <br /> RIGHTS, DUTIES OR OBLIGATIONS HEREUNDER AND SELLER SHALL RE <br /> ENTMMD TO DEMAND AS LIQUIDATED DAMAGES (SEAR AND <br /> PURCHASER HEREBY ACKNOWLEDGING THATTHE AMOUNT OF DAMAGES <br /> RESULTING FROM A BREACH OFTWS AGREEMENT BY PURCHASERWOULD <br /> BE DIFFICULT OR IMPOSSIBLE TO ACCURATELY ASCERTAIN), THE <br /> EARNEST MONEY (OR THE INITIAL DEPOSIT THEREOF IF THE EARNEST <br /> MONEY REQUIREMENT HAS NOT BEEN COMPLEMY SATISFIED IN <br /> rrx.a�uc <br /> lt+..irs12 <br /> D 03613 <br />