General provisions.

Lessor grants to lessee the options to purchase the premises on the terms and conditions herein set forth. This option may be exercised by lessee by written notice given to lessor not less than 6 months prior to (a) the last day of the _________ (_________) year of the term of this ground lease or (b) the last day of the term of this ground lease. Lessee's notice of exercise of this option to purchase shall specify a date for closing which shall be that date which is either the last day of the _________ year of the term of this ground lease or the last day of the term of this ground lease (the "purchase date").

The purchase price to be paid by lessee for the premises shall be $_____.

Lessor shall at least 15 days prior to the purchase date furnish lessee with a commitment by a title insurance company licensed to do business in the State of _________ to issue a policy of title insurance in the full amount of the purchase price and guaranteeing lessor's title to the premises to be in the condition herein required.

Conveyance shall be by lessor's good and sufficient warranty deed free and clear of any and all liens and encumbrances except (1) easements for public utilities; (2) municipal and zoning ordinances; (3) current taxes and assessments not then due and payable and which are not the obligation of lessor under the terms of this ground lease; (4) rights of lessee under this lease; (5) any charges which lessee is pursuant to this lease obligated to pay or satisfy; and (6) any liens and encumbrances created by, through or under lessee. Upon lessor's delivery of such warranty deed, the purchase price shall be payable in full on the purchase date and shall be paid to lessor at the address specified or furnished pursuant to paragraph _________ hereof. In the event the title evidence furnished by lessor discloses a defect which cannot be cured and the curing of which lessee is unwilling to waive, lessee may withdraw lessee exercise of his option to purchase. If, despite tender to lessee of the warranty deed and title evidence called for above, lessee shall not make payment of the purchase price on the purchase date, all right and option of lessee to purchase the premises shall forever cease and determine subject to lessor's right to require specific performance of lessee's exercise of the option to purchase and to lessor's right to exercise any and all other remedies available to it by reason of lessee's failure to purchase.

 

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