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DRAFT <br />15. MISCELLANEOUS PROVISIONS <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 Agreement; Modification. This Purchase Agreement constitutes the complete agreement <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 />In witness whereof, the parties have hereunto set their hands on the dates so indicated. <br />SELLER: <br />BUYER: <br />CITY OF RAMSEY <br />By: <br />Its: <br />Date: <br />By: <br />Its: <br />Date: <br />Lawrence J. Boike <br />Date: <br />Michelle A. Garcia - Boike <br />Date: <br />Eamest Money <br />Draft Date: July 19, 2006 <br />Page4of6 <br />THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE <br />I:1CIV\DKICONTRACT120061CITY OF RAMSEY1rev- purchase agreement w Earnest Money.doc <br />—421-- <br />