2021-015 Schedule AAGREEMENT OF PURCHASE AND SALE (the "Agreement" or "APS")
BETWEEN :
THE CORPORATION OF THE TOWN OF TILLSONBURG
(t he "Vendor")
-and-
Trevor and Lynn Mudford
(the "Purchaser ")
WHEREAS the Vendor is the owner, in fee simple, of the lands and premises described in Schedule
"A" (the "Property");
NOW THEREFORE IN CONSIDERATION of the mutual cove nants and prem ises in this Agreemen t,
the parties agree as fo llows :
SECTION 1-GENERAL
1. The Pu rchaser agrees to purchase the Property and the Vendor agrees to se ll the Property
according to the terms of thi s Agreement.
2. In cons ideration o f the agreement referred to in the preceding paragraph, th e Purchaser shall
pay to th e Vendor a Purchase Pri ce calcul ated at $1.86 per square foot. Th e estimated area
of the Property is 2,574 s quare f ee t and th e estimated total Purchase Price is Four
Thousa nd, Seven Hundred an d Eighty Seven D ollars ($4,787.64), T he final to tal
Purchase Price sha ll be d etermined by the actual lot area of the Propert y con fi rmed by on
Ont ario Land Surveyor. The fina l to tal Pu rchase Price sha ll be adjusted based on th e
determined actual lot area.
3. Th e Purchase Price shall be pai d as fo llows :
(a) Five Hundred Dollars ($500.00) deposit is payable by the Purchas er by certified
cheque upon Acc eptance of th is Agreement , to be held on an in te res t free basis by
the So licitor for the · Vendor as a de pos it pend ing comp l etion of th is transaction on
account of th e Purchase Price on comp letion , or if thi s Agreement is not completed
through no fa ult of the Purchaser, the depo si t sha ll be return ed to the Purchaser; and
(b) the ba l ance of th e Purchase Price, subject to adjustmen ts, sha ll b e paid to th e
Vendor on th e Completion D ate , by cert ifi ed cheque or bank draft.
SECTION II -PURCHASE OF PROPERTY
4. Irrevocab le Date
(a ) This APS shall be irrevocab le and open for accep tance by the Vendor until 6:00 p.m.
on the 27 "' day o f January, 2021 ("Acceptance "), and when accepted sha ll constitute
a binding contract of purchase and sale, otherwise the APS shall be nu ll an d void and
all deposit monies paid shall be returned to the Purchaser withou t deduction.
(b) Acceptance sha ll mean the date upon wh ich th e Mayor and Clerk of the Town of
Tillso nburg, or such other persons as th e Vend or may authorize from time to time ,
sig n and execute thi s APS subsequent to the req uirement that th e Council of The
Corporation of the To wn of Tillson burg has passed a reso lu tion or by -law authorizing
~~~~pproving the sa le of th e Property to the Purchaser purs uan t to the t~erms of th is
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(c) The parties agree and acknowledge that negotiation of th is APS is not a va lid and
bi nding agreement until accepted by the Council of T he Corporation of th e Town of
Ti llso nburg. The Ch ief Administrative Officer of the Town of Till sonburg, or his or her
designa te, sha ll negotiate the terms of this A P S in good faith . However, the
nego tia ti on of the terms of this APS by the Chie f Adminis trative Officer of the Tow n of
Tillsonbu rg , o r his or her de signate, in no ways binds The Co rpora tion of the Town of
Tillsonburg until such time as this APS is authorized and app roved by the Council of
The Co rporation of the Town o f Tillsonburg .
5. Council Approva l
(a ) T his transact ion i s subject to compliance with Section 270 of the Municipal Act, 2001 ,
S .O. 2001 , c. 25 as amended and the app roval of the Counci l of The Co rporation of
the Town of T ill so nburg in its so le and absolute discretio n by resolutio n or by-law .
6. Deed!Transfer
(a) Th e Vendor ag rees to deed or transfer th e Property to the Purchaser subject to the
terms of this Agreement.
7. Comple ti on Date
(a) The closing of th is tra nsaction sha ll take pl ace on March 10 , 2021 , o r such other date
as mutually agreed upon (the "Com pletion Da te ") at wh ich time possession of the
Property in "as is , whe re is" condit ion s hall be given to the Purchaser other than as
prov ided in t his APS. T he Vendor a ck nowledges that it has th e right and authority to
se ll the Prope rt y.
8 . Documents , Reports and In formation
(a) Th e Ve ndo r will produce and deliver to the Purchaser by February 10, 2021 any
documents, reports or informa tion in its possession in res pect t o th e Property . The
Purchaser agrees to re turn a ll of the above d ocumentation to th e Vendor if thi s
transaction is not completed .
SECTION Ill -CONDITIONS , REPRESENTATIONS AND WARRANTIES
9. "As Is" Condition
(a ) Th e Purchase r acknow ledges that it is acquiring the Property in an "as is " condition
and that it must satisfy itse lf by February 10, 2021 rega rding the con d iti on of the
Property including , but not lim ited to , all existing physica l cond it io ns of thi s Property,
enviro nmen ta l conditi ons, fitness fo r any purpose , suita bili ty for cons tru ction , soil
beari ng capacity for any building proposed, and the availabili ty of municipal services
and u ti lities necessary for th e Purchaser's proposed u se of the Property . The
Purchase r acknowledges that the Vendor sha ll not be respons ible for an y physi cal
defi ciencies of the Property or fo r any past, presen t or fu ture environmenta l liab ilitie s
and hereby waives any claim s ag a inst the Vendor in respect of any environment al
liabili ti es on the Property . The Purch aser ag rees t o sign a re l ea se and indemnity in
fav our o f the Vendor on or before closing with respect to matters set out in the
pre ced ing sentence . If the Purchase r is for any reason w hatsoever di ssa ti sfied with
the Property, it sha ll deliver writte n notice to that effect to the Vend or by no later than
the time specified herein , and this Agreemen t sh all be terminated and th e deposit
shall be ret urned to the Purchaser wi th out intere st o r deduction. If the Vendor is
no ti fied th at th e conditio n of the Property is not satisfa ctory, th e n the Purchas er shall ,
prior to receiving its deposit monies back and pri or t o bei ng entitled to a fu ll release
from the Vendor w ith respect to th is Ag reem en t, restore the Property to its original
co ndition as it e xisted prior to such testing or inspection by the Purchaser, at th e
Purchase r's sole expense. If the Pu rchaser fai ls to deliver w ritte n notice to th e
Vendor within the time specified herein regarding this condition , th is condition shall be
deemed t o have been wa ived by the Purchase r.
10. Othe r Conditions
(a) Th is APS and comp letion of this trans action is subj ect to the con ditions set out in
S chedules "A", "B", and "C".
Buye r's Initials -r/t.( Se lle r's I nit ia ls
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11 . Investiga tion by the Purchaser
(a) The Purchaser acknowl edges having inspected the Property prior to executing the
APS and understands that upon Acceptance by the Vendor, and subject to any
conditio ns herein, there sha ll be a binding ag reement of purchase and sale between
the Purchaser and the Vendor. It shall be the Purchaser's responsibility to provide, at
its own expense, any soi l bearing capacity tests or environmenta l inspection, as may
be required or desired, and th e Vendor shall grant the Purchaser access fo r such
testing or inspection at all reasonable times , on reasonable notice , for the purpose of
co nducti ng reasonable inspections.
12. Future Use
(a) The Vendor and the Purchaser agree that there is no co ndi ti on, exp ress or implied,
representat ion or warran ty of any kind that the future intended use of the Property by
the Purchaser is or w ill be lawful except as may be specifically stipulated e lsewhere in
this Agreement.
13. Provision of Plans
(a) The Purchaser agrees and covenants that prior to the issuance of a building permit,
the Purchaser sha ll provide to the T own of Ti ll sonburg a plan showing the location of
th e bui lding(s) and outside storage, the front e leva tion of the building(s), t he exterior
building materials . the landscaping treatment and the screening of outside storage .
The provis ions of th is paragraph sha ll survive clos ing .
14 . Reasonab le Assistance
(a) The Vendor agrees to provide reasonable assistance and co-operation to the
Purchaser in obtain ing the necessary approvals for the development of the Property
subject to the Purchaser's compliance with a ll re levan t build ing codes , by-laws. land
use control s, any other statutory requirements and payment of the fees provided for
in the Town of T ill sonburg's curren t fees by-law.
15. De ve lo pment Covenants and Res trictions
(a) The Property shall be subject to the development covenants and restrictions more
partic ularly set out in Schedule "D" attached to this APS , which sha ll survive the
co mpletion of th is transaction and run with the Property . The development covenants
and restrictions sh all be registered o n t itle by the Vendor. I n the event tha t the said
covenants and restrictions are not registe red on title to the Property on or before
c losing, the Purchaser covenants and agrees to conse nt to the regis tration of the
covena nts and res trictions after closing.
16. Property Not for Resale
(a ) T he Purc haser covenants t ha t it is purc h asing the Prope rty fo r the purpose o f
conso lidating the parcel w ith t he Purchase r 's adj o ining pro p erty a nd not for t he
p urp ose of resal e of vaca nt land.
SECTI O N IV -PRIOR TO COMPLETION DATE
17. Purchaser May Inspect the Property
(a) Th e Purchaser, its agent s and contractors s hall be permitted to inspect the Property
and any buildings as frequen tl y as is reasonably necessary betwee n the date of
Acceptance and the Completion Date at reasonabl e times and upon reasonable
n otice to the Vendor.
18. In surance
(a ) Pending cl osing, the Vendor sha ll hold all insurance policies and the proceeds thereof
in trust for the parties as the ir interest may appea r and in the event o f damage to the
Property. The Purchaser may e lect to either rece ive the proceeds of th e insurance
and comp lete the purchase or to cance l the APS and have a ll the deposit monies
paid to the Ve nd or returned together with all interest earned thereon without
deducti on.
Buyer's In itials ~
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SEC TION V -COMPLETING THE TRANSACTION
19. Deedffransfer
(a) The Deed or Transfer o f the Property wi ll be prepared by th e Vendor at th e expense
of the Purchaser in a form acce ptable to t he so licitors for th e Purchaser and the
Purchaser will pay a ll Land Transfer T ax , Harmonized Sa les Tax and other costs in
connecti on w ith the registrati on of it.
20. Electronic Registration
(a) Th e parties agree th at th e tran saction shall be compl ete d by el ectronic registrat io n
pursuan t to Part Ill of the Land Registratio n Reform Act, R.S .O. 1990, c.L.4 as
amended. The pa rti es acknowledge and agree th at the delivery and re lease of
documen ts may , at the d is cre ti on of the lawyer: a) n ot occur con temporaneously with
the regi stration of th e tra nsfer/deed and other registrabl e d ocumenta tion , a nd b) be
subject to conditio ns whereby the lawyer receiving documents and/or m oney will be
requ ire d to hold them in t rust and no t re lease them except in accorda nce w ith the
terms of a written agreement between th e lawyers entered into in the form of the
Document Registration Agreement adopted by the Joi nt LSU C -OBOA Committee on
Elect ive Regi strat ion of Title Do cuments.
2 1. Survey or Refe rence Plan
(a) The parties acknowledge that a su rvey , at the Purchaser's expense, is requ ired and
a Refe re nce Plan ma y be registe red on title and may be us ed to provide a reg istrab le
d escription of the Pro perty and any easements.
22. Lette rs and Reports from Offi cia ls of the Vendor
(a) On or before the requ isi ti on date, the Vendor ag rees to provi de to th e Purchaser, if
req uested , at the Vendor's expense, letters or rep orts from the Building and Zoning
Depa rt men t of the Town of T ill sonb urg and the Fire Ch ief of th e Town of Till sonburg
regard ing the status of com pli ance with a ll codes , by-laws, rul es and reg ul ations with
respect to the Pro perty an d any bu ildings loca ted thereo n .
23. Examination of T itl e
(a ) Ti tl e to the Property sha ll be g ood and marketab le and free from a ll encumbrances
except for any servi ce ease ments o r rig hts-o f-w ay to be reserved in favour of th e
Vendor and for an y easements or righ ts-of-way registered on title and a ny minor
encroachments show n on the survey or Refe rence Plan delivered to th e Purchase r.
Any re quired ease m ent shall be in the fo rm se t out in Sched ule "C".
(b) The Purchase r is allowed until Fe bruary 24, 2021 to examine the title to the
Pro perty . If on or be fo re this date the Purchaser furnis hes th e Vendor in writing wi th
any va lid obj ecti ons : to the title; to any undisclosed outstandi ng work o rders ; to
undisclosed non-comp liance with the municipal by -l aws or covenants and res tri c ti ons
wh ich run wi th the land and cannot be reso lved before t he Completion Date; as to
any objecti on of w hic h the Vendor shall b e unable to remedy or correct by the
Completion Date and which the Pu rchaser wi ll n ot waive, then th is APS shall ,
no twit hstand ing any intermediate acts or negotiations, be terminated and th e d eposi t
shall be returned to the Purchaser without dedu ction and the Vendor and the
Purchaser shall not be lia ble for any cos ts , damages, compensation or expenses.
24. Vendor to Di scharge all Encumbran ces
(a) The Ve nd or ag rees to ob tain and reg ister at its own expense , on or before the
Complet ion Dat e, a discharge of all li ens , en cumbran ces , ag reements and mortg ages
now registered against the Prop erty and not assumed by th e Purchaser. The Vendor
further cove nants and ag rees to discharge, on or before the Comple ti on Date, any
and all liens, cha tt el m ortg ag es , assignments or any o th er security inte rest given by
th e Vend or agains t its perso nal Property .
25. Adjustmen ts
(a) T he Vendor ag rees that all deposits, if any, held by the V e ndor no t i ncl uding~-f rest
th ereon shall be cred ited to the Pu rchaser in the Statement of Adjustments pr p red
fo r th e Com pletio n Date.
Buyer's I n itia ls ~-Se ller's I nit i als~
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{b) Any rents , mortgage, interest, taxes, local improvements , water and assessment
rates shall be apportioned and allowed to the Completi on Date, the day itself to be
apportioned to the Purchaser.
26. Deliveries by the Vendor To The Pur chaser on Cl os ing
(a) The Vendor covenants and agrees to deliver t o the Purchaser on the Compl et ion
Date, all such d eliveries to be a condition o f the Purchaser's ob ligation to c lose this
transaction , the following :
(i) a deed/transfer of the Prope rty ;
(ii ) any survey or reference pl an of the Property in the possession of the Vendor;
(iii) a Statutory Declaration b y an authorized offi cer o f the Vendor stating that
accurateness and truthfulness of all of the r epresentations and warranties ;
(iv) a Statutory Declaration by an au thorized officer of the Vendor as to
possession o f the Pro perty in a form acceptable to th e soli citors for the
Purchaser;
(v) a Sta tut ory Declaration by an authorized officer of the Vendor th at it is not
now, and upon completion wi ll not be, a "non-r esident person" within the
meaning and for the purp ose of Section 116 of the Income Tax Act, R.S.C .,
1985, c. 1 (5th Supp.) as amended;
(vi) certified copies of all appropriate certificates, by-Jaws and o ther documents of
Vendor authorizing the tran saction her ei n ; and
(vi i) such fu rther documentation and assurances as the Purchaser may reasonab ly
r equire to complete the tra nsaction con templated by the APS.
27. Harmon ized Sales Tax
(a) The parties hereto acknowledge and agree that the transaction contemplated herein
is su bject to the Harmonized Sa les Tax (H ST) und er the Excise Tax Act, R.S .C .,
1985, c . E -15 (the "Act") and th at the Purchase Price does not include HST. The
Vendor shall provide the Purchaser with its HST Business Number. The Pur chaser
sha ll pay t o the Vendor any HST imposed under the Act payable in connection wi th
the transfe r of the Prope rty to the Pu rchaser, or as it may d irect, unless the Purchaser
or its nominee, or it s assignee, provides :
(i) a c er ti ficate on or before the Completion Date con ta ining a representation and
warra nty to the Vendor that:
(1)
(2)
(3)
(4)
(5)
Buyer's Initials 7'"1
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it is regi stered fo r the purpo se of the HST on th e Compl etion Date and
specifying th e HST reg istra ti on number;
it will self-assess the HS T on its GST/HST return or file th e p rescribed
form p ursuant to subsecti on 228(4) of the A c t in connecti on with the
purchase of the Property;
the Property transferred pu rsua nt to t his APS is being purchased by
the Purchaser, or its nominee or assignee, as p rincipal for its own
accoun t and is not being pur chased by the Purchaser as age nt, t rustee
or otherwise on behalf of or for another person, and does not
constitute a supp ly of residentia l complex made to an individ ual for the
purpose o f paragraph 221 (2)(b) of th e Act ;
an indemn ity, indemnifying and saving harml ess the Vendor fr om any
HST payable on thi s transacti o n and penalty and interes t r elating to
HST; and
a n otarial true co py of its H ST registr ation confirm ation.
SEC TION VI -MISCE L LANEOU S
28 . Entire Agreement
(a) Th ere is no re presentation, warranty , co llatera l agreement or condition affecting this
Agreement of th e Property other than expressed herein .
29. Tend er
(a) Any ten der of documents or moneys hereunder may be made upon the solicitor
acting for the party upon whom tender is desired , and it sha ll be sufficient that a
negotiable , certified cheque or bank draft may be tendered instead of cash .
30. Time of Essence
(a) Time sha l l be of the essence of this Agreement.
31. Planning Act
(a) This Agreement shall be effective on ly if the provisions of Section 50 of the Planning
Act, R.S .O. 1990, c.P .13, as amended are complied w ith.
32. Notices
(a ) All notices in this Agreement shall be in writing and shall be deemed to ha ve been
g iven if del ivered by hand or mailed by ordinary mai l, postage prepaid , addressed to
the solicitor for the person to whom such notice is intended to be give n at the
following addressed:
So licitors for t he Ve n dor:
Duncan , Linton LLP
A TIENTION: Steven Ross
45 Erb Street West
Waterloo , ON N2J 4B5
Fax: (519) 886-8651
with a copy de livered to:
The Corporation of the Town of Tillsonburg
A TIENTION: Deve l opment Commissioner
204-200 Broadway
Tillsonburg , ON N4G 5A7
Fax : 519-842-9431
Solicit ors for the P urch ase r :
ATIENTION :
Michael G. Szorenyi
Gibson Bennett Groom & Szorenyi
36 BROADWAY, T ILLSONBURG N4G 3P1
Fax: (519)842-8001
If mailed, such notices must also be given by facsimile transmission on the date it
was so mailed . If so give n , such notices shall be deemed to have been received on
t he fi rs t business day following the date it was delivered or marked mailed out.
33. Successors and Assigns
(a) Th e Purchaser sha ll be permitted to assign a ll of its ri ght, title and interest i n and to
this APS w ith th e Vendor's written approval , which shall not be unreasonably
withhe l d, including ass ignment to another corporation with the same sharehol de rs as
the Purchaser. Subject to the restrictions in the preced i ng sentence , the Vendor
ag re es to engross the Transfer/Deed of Land as d i rected by the Purchase on th e
comple ti on Date as the Purchaser may elect , and the Vendor agrees to comp lete the
transaction co ntemplated by this APS on the Completion Date with such assignee or
nominee . The Purcha se r is released from all liability hereunder, if it assi ns its
interest in this APS. This Agreement shall be binding upon the parties her to and
their respective successors and assigns .
Buyer's In itials 7',c.t Seller's Init ia ls
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34. Schedules
(a) The following Schedules sha ll form an integral part of this Agreement:
(i) Schedule "A " Description of the Property ;
(ii) Schedule "B " Cond itions;
(iii) Schedule C" Easement ; and,
(iv)
35. Acceptance by Fax or Email
(a) The Purchaser and Vendor acknowledge and agree that the commun ication of this
Agreement of Purchase and Sa le may be transmitted by way of facsimile or electronic
mail, and that they agree to accept such signatu res and documents to be legal and
binding upon them .
36. Co unterparts
(a ) Th is Agreement may be signed in any number of counterparts , each of w hich i s
considered to be an original , and all of which are co nside red to be the same
documen ts.
37. Severability
(a) If any provis ion of th is Agreement, or the application th e reof to any c ircumstances ,
shall be held to be invalid or unenforceable, then th e rema ining provisions of this
Agreement, o r the app lication thereof to other ci rcums tan ces , shall not be affected ,
and sha ll be valid and enforceable .
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IN WITNESS WHEREOF the Purchaser has executed this Agreement:
Dateda ~ ,Ontariothis /q dayof ~tl.4f 2021.
Name : Lynn Mudford
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Nam e: T revo r Mdfo d
Titl e:
I/We have authority to bind the Corpo rati on .
The Vendor hereby accepts this Agreement accord ing to its terms .
Dated at Till so nburg , Ontario this&50day of J'Q14AO~ , 2021 .
IN WITNESS WHEREOF the Vendor has executed this Agreement:
Buy er's I nitia ls ~
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C lerk
We have authori ty to bind The Co rp orat ion
of th e T own of Tillsonburg .
Sell e r's Initia ls
SCHEDULE "A " ·LEGAL DESCRIPTION OF THE PROPERTY
ALL A ND SINGULAR that certain pa rcel or tract of l and and pr emises situated , lying and being in
the Town of Tillsonbu rg in the County of Oxford , be ing comprom i sed of part of Lot 22 , Pl an 966, and
described as Part 1 on the draft p lan to be deposited:
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SCHEDULE "8" -PURCHASER CONDITIONS
1. The transaction of purchase and sale contempla ted herein sha ll be subject to the fu lfillment
of the following terms and conditions on or before . which terms and
conditions are for the exclusive benefit of the Purchaser and may be waived i n whole or in
part by the Purchaser. If the conditions are not fulfilled or waived then the deposit s hall be
returned and Agreement arising from the offer shall be at an end and all parties released
from their obligations :
(a)
Buyer's I niti a ls ("'f.
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Sel ler's Initials
SCHEDULE"C"-EASEMENT
TERMS AND PROVISIONS OF THE EASEMENT:
The Owner hereby grants, conveys and confirms to The Corporation of the Town of
Tillsonburg (the "Town "), its successors and assigns, in perpetuity, the free, un i nterrupted and
undisturbed right and easement to enter upon the lands herein described at any time for the
purposes of constructing , installing and maintain ing all municipal services of any kind (includ ing
wale r di stribution pipes and sanitary and storm sewers) in , under, over and upon the said la nds , and
wi th th e further and con ti nuing right to the Town, its successors and assigns , and its servants,
agents and workers to enter upon the l ands at any time to construct, repair, correct, operate , replace
and maintain at all times in g ood cond ition and repa ir the municipal services and for every such
purpose the Town sha ll have access to the said lands at all times by its agents , servants, employees
and workers .
2. The Town covenants and agrees that, upon completion of any work undertaken hereunder,
the Town will restore the areas of land upon which it has performed work to the same condition as
that in which the lands were found prior to the commencement of the work.
3. The Owner covenants with the Town to keep the lands herein described free and clear of any
tre es , b uild ing s, structures or other ob structions which may limit the use , opera ti on , repa ir ,
replacement or maintenance of the easement and lo use the lands herein described on ly in a
manner and for purposes not incons istent with the exercise of the rights created by this indenture
and wi th out limiting the generality of the foregoing, only as a yard , lawn, garden, flowerbed ,
roadway, driveway or parking area and the Owner agrees not to do or suffer to be done anything
wh ich m ight injure any of the works of the Town hereon.
The term "building" as set out herein shall specifically include any window sills , chimney
breasts , cornices , eaves or other architectural features projecting from the first floor of the building
but sha ll not include window si ll s, ch imney breasts, cornices , eaves or other architectural features
proje cting fr om the second floor of the bu ild ing by less than two (2) feet and such second floor
proje ctions shall be specifically authorized and allowed to encroach upon the lands herein
described .
4. The Town, by the acceptance and registration of the w ith in easement, agrees to be bound by
the te rms and provisi ons contained herein.
5 . The burden and benefit of this easement shall run with the lands herein described and sha ll
extend to and be bi nding upon and enure to the benefit of the parties hereto and their respective
heirs, exe cutors, administrators , su ccesso rs and ass igns.
6. Th is is an easement in gross.
Buyer's Initials 7'"'1. Sell er's I nitials
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