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Conveyance shall be free and clear of all liens and encumbrances <br /> by assignment and delivery of the aforedescribed certificate to <br /> Purchaser. Purchaser shall simultaneously therewith deliver to <br /> Seller Purchaser's check in the amount of POUR THOUSAND PIVI <br /> HUNDRED DOLLARS 04,500.00) . <br /> 9, The benefits of this agreement and the burdens here- <br /> under shall respectively inure to and be binding upon the heirs, <br /> successors, assigns, and personal representatives of the parties <br /> hereto. <br /> 10. No amendment or modification of this agreement shall be <br /> of any force or effect unless in writing and executed by the <br /> parties with the same formality as this agreement. <br /> 11. Time is of the essence hereof, and if any payment or <br /> other condition hereof is not made, tendered or performed by <br /> either the Seller or the Purchaser as herein provided, then this <br /> contract, at the option of the party who is not in default, may <br /> be terminated by such party, in which case the non-defaulting <br /> party may recover such damages as may be proper. Nothing herein <br /> shall be construed to prevent the non-defaulting party from <br /> requiring specific performance of this contract. <br /> 12. If any judicial proceeding may hereafter be brought to <br /> • enforce any of the provisions hereof, including an action for <br /> damages or specific performance, the prevailing party shall be <br /> entitled to recover the costs of such proceeding including <br /> reasonable attorney's fees. <br /> IN WITNESS WHIREOP, the parties have executed this agreement <br /> in duplicate original counterparts the day and year first above <br /> written. <br /> -3- <br />