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<br />DRAFT Earnest Money <br />Draft Date: July 19, 2006 <br />Page 4 of 6 <br /> <br />15. MISCELLANEOUS PROVISIONS <br /> <br />(a) Survival. All of the warranties, representations and covenants of this Agreement shall survive <br />and be enforceable after the closing. <br />(b) Entire Agre~ment; Modification. This Purchase Agreement constitutes the complete agreemeht <br />between the parties and supersedes any prior oral or written agreements between the parties <br />regarding the property. There are no verbal agreements that change this Purchase Agreement <br />and no waiver of any of its terms will be effective unless in writing executed by that parties. <br />(c) Successors and Assigns. If this Purchase Agreement is assigned, all provisions of this <br />Purchase Agreement shall be binding on successors and assigns. <br />(d) Brokers Representation. Buyer and Seller represent and warrant that all brokerage charges <br />and/or real estate commissions incurred, if any, in connection with this transaction, shall be paid <br />by the party authorizing such broker or real estate agent to act on its behalf. Sellers shall pay <br />from the proceeds they are to receive at closing, a brokerage commission to their broker, Thomas <br />Realty, Inc., of 3% of the selling price and a Ten-Thousand Dollar ($10,000.00) Miscellaneous <br />Office Expense. <br /> <br />In witness whereof, the parties have hereunto set their hands on the dates so indicated. <br /> <br />BUYER: <br /> <br />SELLER: <br /> <br />CITY OF RAMSEY <br /> <br />By: <br /> <br />Lawrence J. Boike <br /> <br />Its: <br /> <br />Date: <br /> <br />Date: <br /> <br />Michelle A. Garcia-Boike <br /> <br />Date: <br /> <br />By: <br /> <br />Its: <br /> <br />Date: <br /> <br />THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE <br /> <br />1:\CIV\DK\CONTRACn2006\CITY OF RAMSEY\rev-purchase agreement w Earnest Money.doc <br />