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<br />3. Earnest Money. <br /> <br />(a) Contemporaneously herewith, Purchaser shall deliver to the Escrow <br />A~ent, upon acceptance by the Board of Commissioners, the sum of five percent <br />(5 Yo) of tIle purchase price (which sum is herein called the "Earnest Money"). <br /> <br />(b) Throughout the term of this Agreement, Escrow Agent shall hold and <br />disburse the Earnest Money in accordance with the terms and conditions of this <br />Agreement, and as required by NCGS s160A-269. <br /> <br />(c) On the Closing Date, the Earnest Money will be applied as part <br />payment of the Purchase Price. . <br /> <br />4. Closing. The closing of the purchase and sale of the Property (herein <br />called "Closing") shall be held at the offices ofRobert M. Critz, P.A., at sucn time and on <br />such date (herein called the "Closing Date"), as may be specified by written notice from <br />Purchaser to Seller not less than ten (10) days prior thereto; provided. however, that the <br />Closing Date shall be on or before the date one hundred twenty (120) days after the <br />Effective Date (herein called the "Final Closing Date") and, if Purchaser shall fail to give <br />notice designating the Closing Date, the Closing Date shall be, and the Closing shall take <br />place at 2:0D P.M. on, the Fina1 Closing Date. <br /> <br />5. Access and Inspection: Delivery of Documents and Information by Seller: <br />Examination by Purchaser. <br /> <br />(a) Between the date of this Agreement and the Closing Date, Purchaser <br />and Purchaser's agents and designees snaIl have the right to enter the Property for <br />the purposes of inspecting same, and making surveys, mechanical and structural <br />engIneering studies, environmental assessments, and any other investigations and <br />inspections as Purchaser may reasonably require to assess the condition of the <br />Property. Purchaser shall provide Seller with copies of all documentation reporting <br />the results of such tests or inspections if Purchaser fails to purchase the Property. <br /> <br />(b) On or before the date seven (7) days after the Effective Date, Seller <br />shall deliver to Purchaser, if not previously delivered, or make available to <br />Purchaser for examination or copying by Purchaser, at the address for Purchaser set <br />forth in paragJ:aph 20 hereinafter, the following documents and information with <br />respect to the Property: <br /> <br />(1) All surveys, plans, specifications, environmental, engineering, <br />architectural, construction, and mechanical data relating to the -Property, <br />includin,g reports ~uch as so.ils reports and env.iron:nentaI audits, which are <br />in Seller s possessIOn or which Seller can obtaIn WIth reasonable effort; <br /> <br />(2) All real property and other ad v~lorem tax ~i11s and utility bil!s <br />regarding the Property for the two-year peflod precedIng the date of this <br />Agreement; <br />(3) True,. correct and complete copies of all po~icies .of insurance <br />carried by Seller With respect to the Property, together With eVidence of the <br />premiums paid by Seller therefor; <br /> <br />(4) A copy of any policy of title insurance issued in fa:,or of Seller, <br />together with legible copies of all instruments referenced thereIn; and <br /> <br />Page 2 of 14 <br /> <br />E-Io <br />