Agenda - Council - 03/23/2010 - Laserfiche WebLink

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❑ C. Seller does not know if there is an abandoned individual sewage treatment system on the Property. ❑ D. To Seller's actual knowledge, there are no abandoned individual sewage treatment systems on the Property. j. SELLER'S INDEMNITY. SELLER will indemnify BUYER, its successors and assigns, against, and will hold BUYER, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that BUYER incurs because of the breach of any of the representations and warranties contained in :this Paragraph 10., whether such breach is discovered before or after closing. Each of the representations and warranties herein contained shall survive the Closing. Except as herein expressly stated BUYER is purchasing the Property based upon its own investigation and inquiry and is not relying on any representation of SELLER or other person and is agreeing, to accept and purchase the Property "as is, where is" subject to the editions of examination herein set forth and he express warranties herein contained. Consummation of this Agreement by BUYER with knowledge of any such breach by SELLER will not cod titute a waiver or release by BUYER of any clAiis due to such breach. 10. BUYER'S REPRESENTATIONS AND WARRANTIES. BUYER represents and warrants that it has full right and authority to execidte this Agreement and to execute and deliver all documents and .instruments required' ` of BUYER under the provisions of this Agreement. 11. BUYER'JNDEMNITY. BUYER will indemnify SELLER, its successors and assigns, against, and will hod SEL ER,,_,t5 successors and assigns, harmless from, any expenses or damages, including reasonable attorneys:' f0es, that SELLER incurs because of the breach of any of the representatio ns and" warranties contained in Paragraph 11, whether such breach is discovered before or aftet each of the representation and warranties herein contained shall` survive the Closing. Wherever herein a representation is made "to the best knowledge of BUYER ", such representations is limited to the actual knowledge of BUYER. Consummation of this Agreement by SELF.; )ER with knowledge of any such breach by BUYER will not constitute a waiver or releases -by SELLER of any claims due to such breach. 12. CLOSI. Closing shall be at the office of Registered Abstractors Inc. Title Company ( "Title "), 2t! 3rd Avenue, Anoka, Minnesota 55303 or such other office as the BUYER and SELLER may hereafter agree. Closing shall take place on the date that is one hundred twenty (120) days from the date of this Agreement or such earlier date as the parties hereto may agree upon in writing (the "Closing Date "). On the Closing Date, SELLER shall execute and/or deliver to BUYER the following (collectively, "SELLER'S Closing Documents "): a. A warranty deed, conveying the Property to BUYER, free and clear of all liens, security interests, leases, restrictions, charges and encumbrances. VA