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<br />claims, liability or damages of whatever kind relating to or arising from the Seller's continued use and
<br />occupancy of the Real Estate. This provision shall survive the Closing hereunder.
<br />7. Fixtures. All property that integrally belongs to or is part of the Real Estate, whether
<br />attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors,
<br />screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air
<br />conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside
<br />television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate
<br />and included in the sale except: this paragraph is not applicable because the site is bare ground.
<br />8. Deed. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer
<br />or its assignees by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as
<br />otherwise provided in this Agreement. Any general warranties of title shall extend only to the time of
<br />acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of
<br />the Deed.
<br />9. Hazardous Materials. Prior to the .Closing, the Buyer shall have the right to conduct an
<br />investigation of the Real Estate to determine whether any structure or improvement contains asbestos
<br />or any other hazardous material. If any such material is found to be present, then the Buyer shall have
<br />the right to rescind this Agreement and terminate its obligations hereunder at any time prior to the
<br />Closing, unless Buyer has thereafter specifically waived this provision in writing.
<br />10. Contingencies. The obligations of the Buyer hereunder are contingent upon full
<br />satisfaction of each and every one of the following requirements prior to the Closing:
<br />A. Buyer obtaining evidence satisfactory to Buyer, based on tests and other investigation
<br />conducted at Buyer's expense, that the Real Estate and the groundwater therein are not
<br />contaminated with any hazardous substance or material or pollutant of any kind, including
<br />gasoline or other fossil fuels, and require no cleanup or other corrective action under
<br />applicable Federal, State, or local environmental laws or regulations, but are free from
<br />pollution and environmentally safe for Buyer's proposed use of the Real Estate. If
<br />contamination is found to be present on the Real Estate, this Agreement shall be voidable
<br />at the option of Buyer. In the event the Buyer so elects to void this Agreement, then the
<br />Buyer will make available to the Seller for examination any and all written reports of
<br />investigative findings, including test results, on which Buyer's election was based.
<br />B. Buyer being assured that the land is stable, well drained, and otherwise suitable for the
<br />construction proposed and operation of a septic tank system, if necessary.
<br />C. Buyer being able to obtain from the appropriate authority or authorities, a suitable
<br />building permit to construct such improvements as comprise a Casey's General Store in
<br />accordance with Buyer's plan for development of the Real Estate, permits for one suitable
<br />access off of Sunwood Drive NW for construction of a private access road with two
<br />approaches off of the private access road, authority or permits as needed for waste
<br />disposal and needed utility service, and licenses and permits necessary to operate a
<br />convenience -type store which sells motor fuel, groceries, packaged beer and prepared
<br />carry -out foods.
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