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3. Closing shall be held at a mutually agreeable time and <br /> place not later than April 30, 1979. At closing Sellers shall <br /> deliver to Purchaser a properly endorsed stock certificate rep- <br /> resenting the fifteen (13) shares. <br /> 4. Sellers warrant tnat they have good and sufficient <br /> title to the subject water right, have the right and privilege to <br /> sell the saws, and that all current assessments are paid. <br /> S. Sellers warrant that there are no liens against the <br /> water right sought to be conveyed herein. <br /> S. Purchaser agrees to pay the stock transfer foe to the <br /> Leyner Cottonwood Consolidated Ditch Co. <br /> 7. Sellers agree to execute an affidavit at the request of <br /> Purchaser related to the historic use of the water right described <br /> herein. <br /> S. The benefits of this agreement and the burdens hereunder <br /> shall respectively inure to and be binding upon the heirs, <br /> successors, assigns, and personal representatives of the parties <br /> hereto. <br /> 9. No aaendeeent or modification of this agreement shall be <br /> of any force or effect unless in writing and executed by the parties <br /> hereto. <br /> 10. By approval of this contract the Sellers agree to pay <br /> to Home Real Estate and Pratt Agency a commission of 5% of the gross <br /> sales price for services in this transaction, and agree that, in <br /> the event of forfeiture of payments made by Purchaser, such payment <br /> shall be divided between the Sellars' broker and the Seller one-half <br /> (1/2) thereof to said broker, but not to exceed the commission, and <br /> the balance to the Seller. <br /> IN WITNESS WHEREOF, the parties have executed this agreement <br /> in duplicate original counterparts the day and year first written <br /> above. <br /> PURCHASER: SELLERS: <br /> THE CITY O! LOUISVILLE <br /> John P. Wascha'k,-Hayor )toward Bixier <br /> ATTEST: <br /> Joan Sheley <br /> . Patricia M. Stahl,, <br /> City Clerk -2- <br />