Confirmation and Certification - Marshall E. and Sandra Lee Andich , o 11 %
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RECEIVED
CONFIRMATION AND CERTIFICATION
CZ) ,,Q„ 2004
Marshall E. and Sandra Lee Andich
This Confirmation and Certification (the Certification"), executed by Marshall E. "-••ich anddCS
Sandra Lee Andich (jointly And severally, "Andich"), in favor of The City of Carmel Rede' • �. ent
Commission ("CRC"), thisay of November, 2004, WITNESSES:
Recitals
WHEREAS, CRC and Andich have entered that certain Agreement for Purchase of Real
Estate (the "Purchase Agreement");
WHEREAS,pursuant to the Purchase Agreement,Andich has certain obligations with respect
to Property Contracts and Utility Charges;
WHEREAS,the Purchase Agreement requires that,at the closing contemplated thereby(the
"Closing"), Andich shall execute a confirmation that it has complied with all such obligations;
WHEREAS, pursuant to the Purchase Agreement, Andich has made certain
representations and warranties;
WHEREAS, the Purchase Agreement requires that, at the Closing, Andich shall execute a
certification that such representations and warranties are true and correct in all respects as of the of Closing;
and
WHEREAS, Andich desires to execute this Certification, as required by the Purchase
Agreement;
Confirmation
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are acknowledged, Andich confirms and certifies the following:
1. Confirmation. Andich confirms and certifies that it has complied with and performed each of its
obligations set forth in Section 6 of the Purchase Agreement.
2. Indemnification. Andich shall indemnify and hold harmless CRC from and against any and all
claims, actions, liabilities, losses, damages, injuries, costs, and expenses (including, without limitation,
attorneys' fees and court costs) incurred as a result of, or in connection with: (a) the Property Contracts;
and/or (b)the payment and settlement of the Utility Charges;
3. Certification. Andich certifies that each of the representations and warranties set forth in Section 9
of the Purchase Agreement are true and correct in all respects as of the date hereof.
4. Miscellaneous. All capitalized terms used but not defined herein shall have the meanings ascribed
to such terms in the Purchase Agreement.
IN WITNESS WHEREOF, Andich has executed this Certification as of the date set forth
above.
By:
r all E. Andich
By:
Sandra Lee Andich
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District\Andich\Closing Documents\Certification and
Confirmation-Marshall and Sandra.wpd