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% per annum with mortgage loan discount points not to exceed 0 % of the loan <br />amount; Buyer shall pay all costs associated with any such loan. <br /> $ 64,000. (iii) Cash at closing, in the amount of Sixty Four Thousand Dollars, <br /> balance of Purchase Price. <br /> <br />(c) "C~osing" shall occur on or before August 30, 2004, or 15 days from end of <br />Examination period, whichever is later. <br /> <br />(d) "Broker(s)" shall mean: <br />Cornerstone - An Integrated Real Estate Company, LLC ("Listing Agency"), <br />Jerry Newton ("Listing Agent"). <br />Acting as: XX Sellers Agent; [] Dual Agent <br />and Allen Tate Realtors <br /> <br />Agency"). <br />Jody Rich <br /> <br />Acting as: XX Buyer's Agent; ~ Sellers (Sub) Agent; <br /> <br />("Selling <br /> <br />("Selling Agent}. <br />Dual Agent <br /> <br />(e) "Examination Period" shall mean the period beginning the date hereof and <br />extending through the later of August 15{ 2004 or 20 days from date of <br />acceptance of this contract by County Manager. <br /> <br /> (f) "Intended Use" shall mean the Buyer intends to use the Property for the <br />following purpose only: Uses compatible with existing zoning of C-2, in <br />particular Automotive Repair and Retail Facility. Buyer agrees that certain <br />conditions of sale are as follows: (1) Prior to Closing (or at a later date <br />mutually agreed to by the Seller and Buyer in writing prior to Closing) Buyer <br />must submit to Seller a complete site plan of all improvements to be made to the <br />Property, for approval by Seller. Any changes in the Site Plan after Seller's <br />approval must be pre-approved in writing by Seller. (2) Any buildings erected on <br />the Property must, in the reasonable opinion of Seller, be compatible with <br />existing buildings on surrounding property currently owned by the Seller, <br />including without limitation, any Property buildings must be compatible in <br />design with buildings on surrounding property currently owned by Seller and <br />constructed of all brick with brick chosen to be compatible with buildings on <br />surrounding property currently owned by the Seller. (2)Seller must be provided a <br />sufficient permanent easement on the Property for signage designed by Seller (or <br />its successor to be permanently located along US Hwy. 20 on the southeast corner <br />of the Property) approximately in the same vicinity where the current "For Sale" <br />sign stands; (3) the existing trees and other significant vegetation on the <br />Property must be preserved in the Buyers proposed site plan, which may not be <br />amended without the prior written consent of Seller. All current trees and <br />other significant vegetation on the Property must be preserved as illustrated in <br />the approved Site Plan and the Buyer hereby agrees to work with the Cabarrus <br />County Extension Officer with regard to preservation of such trees and <br />vegetation, including without limitation, arranging for suitable replacement in <br />the event such trees or vegetation are damaged or die. Ail of these conditions <br />of sale shall survive termination of this contract and the Closing and shall be <br />binding upon any successor and assign of the Buyer. It is specifically <br />understood by the Buyer that these are critical conditions to sale of the <br />Property by Seller and breach of any of these conditions by Buyer will result in <br />irreparable harm to the value of Seller's surrounding properties. <br /> <br />Seller represents and warrants that, without investigation, to the best of <br />Seller's knowledge, use of the Property for Buyer's stated Intended Use will not <br />violate any restrictions currently upon the Property. If Buyer determines, <br />prior to the end of the Examination Period, that use of the Property for Buyer's <br />stated Intended Use will violate any restrictions or governmental regulations <br /> <br /> <br />