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Real Estate Purchase and Sale Agreement

 

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Title:

Real Estate Purchase and Sale Agreement

Entities:

Cost U Less Inc; Cost-U-Less, Inc.

Date:

2004

Size:

Preview shows 7KB of 43KB total

Price:

$41

ID:

#1687502

 

 

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REAL ESTATE PURCHASE AND SALE AGREEMENT

          This REAL ESTATE PURCHASE AND SALE AGREEMENT (this ?Agreement?) is made as of this 30th day of April, 2004, by and between Mint Capital, a Virgin Islands business, and GASCO Inc., a Virgin Islands business (collectively, ?Seller?), and COST-U-LESS, INC., a Washington corporation, or assigns (?Buyer?), with reference to the following facts:

          Seller is the owner of that certain parcel of real property consisting approximately of 4.0 acres and described as follows:  Plots 4M and 4Q Estate Sion Farm, Christensted, St. Croix, U.S.V.I. (the ?Land?).  Seller will sell to Buyer, and Buyer will buy from Seller, upon the terms and conditions set forth herein, the Property (as defined below).

A G R E E M E N T

          NOW, THEREFORE, in consideration of the terms and conditions of this Agreement, and the mutual covenants herein contained, Buyer and Seller hereby agree as follows:

          1.     Property Description.  Seller shall sell and convey to Buyer, and Buyer shall purchase and acquire from Seller, upon and subject to the terms and conditions set forth in this Agreement, the following (collectively, the ?Property?):  the Land, together with any easements, appurtenances, rights, privileges, reversionary interests and improvements belonging or appurtenant to the Land; all trees, shrubbery and plants now in or on the Land; all right, title and interest of Seller in and to all alleys, strips or gores of land, if any, lying adjacent to the Land; all rights to utilities serving the Property; all right title and interest of Seller in and to all rights-of-way, easements, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Land.  The Property shall also include all intangible personal property used or useable in the construction, renovation, ownership, management, marketing or operation of the Land or any part thereof, and all replacements, additions or accessions thereto, including without implied limitation: all licenses, certifications, authorizations, approvals and permits issued or approved by any governmental authority or other person (e.g., construction, building, sign, environmental, ingress/egress and other permits).

          2.     Purchase Price.  The purchase price (the ?Purchase Price?) to be paid by Buyer to Seller for the Property is Eight Hundred Sixty Thousand and No/100 Dollars (U.S.$860,000).

          3.     Payment of Purchase Price.  The Purchase Price shall be payable to Seller as follows:

                  3.1     Earnest Money.  Within five (5) days following the execution and delivery of this Agreement, Buyer shall open escrow with Island Title Services Company in St. Croix (?Escrow Agent?), by depositing with Escrow Agent a copy of this Agreement and Forty Three Thousand Dollars ($43,000) (the ?Earnest Money?).  The Earnest Money shall be applicable to the Purchase Price.  Any interest on the Earnest Money shall be for the benefit of whichever party is entitled to the Earnest Money at Closing (as defined below) or other termination of this Agreement.

1



                  3.2     Cash to Close.  On the Closing Date (as defined below), Buyer shall deposit with Escrow Agent the entire amount of the Purchase Price, less the Earnest Money (and interest thereon) and less any other amounts to be credited against the Purchase Price.

          4.     Closing Date.  ?Closing? shall occur when the deed to Buyer is recorded and the Purchase Price is delivered to the Escrow Agent for delivery to Seller.  The Closing shall be held at the offices of the Escrow Agent, or such other place as is mutually agreed, on June 30, 2004 or such earlier date as the parties may agree (the ?Closing Date?).

          5.     Title and Survey Matters.

                  5.1     Title Commitment.  Prior to May 10, 2004, Seller shall obtain at Seller?s cost and deliver to Buyer a preliminary commitment for a 1970-B form ALTA owner?s extended title insurance policy issued by Island Title Company (the ?Title Company?) describing the Land, showing all matters pertaining to the Land, listing Buyer as the prospective named insured and showing as the policy amount the total Purchase Price.  At the same time, the Title Company shall also deliver to Buyer true, correct and legible copies of all documents (the ?Title Documents?) referred to in such title commitment as conditions or exceptions to title to the Property (such title insurance policy commitment and the Title Documents are collectively referred to herein as the ?Title Commitment?).


 

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