It is agreed that if title to the above-described property is not marketable, or cannot be cured within thirty days after a written notice of defects is delivered to seller, the earnest money herein receipted shall be refunded. Purchaser and seller agree to pro rate the property taxes which become due and payable for the current tax fiscal year on a fiscal year basis. Rents, interest, premiums for existing insurance, and other patters shall be pro rated on a calendar year basis. Purchaser agrees to pay for fuel on hand, including, oil in tank, if any, and at closing shall reimburse the seller for funds, if held, in any reserve account relating to any encumbrances on the property. Adjustments shall be made of the date of the closing of the sale herein, or delivery of possession, whichever first occurs.
Time is of the essence.
This contract is binding upon the heirs, executors, administrators, successors and assigns of both Purchaser and Seller. However, Purchaser's rights are not assignable without written agreement of the Seller. In any suit or action brought on this contract, the losing party agrees to pay the prevailing party's reasonable attorneys fees to be fixed by the trial court or arbitrator if case is arbitrated in state court, and on appeal the prevailing party reasonable attorneys' fees as fixed by the appellate court. Dollars as stated.