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WATER DAMAGE,TOXIC MOLD, AND ENVIRONMENTAL DISCLOSURE,
<br /> RELEASE,AND INDEMNIFICATION AGREEMENT
<br /> The undersigned parties to that certain Purchase and Sale Contract dated , 2017, for the
<br /> purchase of the Property and the improvements commonly known as See Exhibit A(the
<br /> "Property") between Indian River County("Buyer") and TD Bank,N.A. ("Seller"),
<br /> acknowledge, stipulate, covenant and agree as follows:
<br /> Seller hereby advises Buyer that the Property (including, but not limited to,the basement, the
<br /> surrounding land, any structures thereon, and non-structural elements or items thereon or therein,
<br /> and any subsurface or subterranean conditions) is or may be affected by water or moisture
<br /> damage, toxic mold, and/or other environmental hazards or conditions. Seller further advises
<br /> Buyer that as a consequence of possible water damage and/or excessive moisture, the Property
<br /> may be or has been irrevocably contaminated with mildew,mold, and/or other microscopic
<br /> organisms. Buyer is being advised that exposure to certain species of mold may pose serious
<br /> health risks, and those individuals with immune system deficiencies, infants, children,the
<br /> elderly, individuals with allergies or respiratory problems, and pets are particularly susceptible to
<br /> experiencing adverse health effects from mold exposure.
<br /> Buyer acknowledges that Seller has advised Buyer to make his/her own evaluation of the
<br /> Property and to have the Property thoroughly inspected. Buyer has been further advised by Seller
<br /> that all areas contaminated with mold,and/or other environmental hazards or conditions, should
<br /> be properly and thoroughly remediated. Additionally, Buyer has been advised by Sellers that
<br /> habitation of the Property without complete remediation may subject the inhabitants to
<br /> potentially serious health risks and/or bodily injury. Buyer acknowledges that it is the sole
<br /> responsibility of Buyer to conduct any remediation on the Property.
<br /> Buyer also acknowledges that Buyer is buying the Property AS-IS. Buyer represents and
<br /> warrants to Seller that Buyer has made (or will make before closing on the purchase of the
<br /> Property)his/her own inspection and evaluation of the Property to Buyer's complete satisfaction,
<br /> and Buyer accepts the Property AS-IS at the time of closing. Buyer is electing to purchase the
<br /> Property from Seller in an AS-IS condition with full knowledge of the potential condition of the
<br /> Property,the potentially serious health risks, and the potential liability that Buyer could incur as
<br /> the owner of the Property for claims, losses, and damages arising out of any toxic mold
<br /> contamination and/or other environmental hazards or conditions on the Property. Buyer agrees
<br /> that the purchase price of the Property reflects the agreed upon value of the Property AS-IS
<br /> taking into account the aforementioned disclosures.
<br /> Buyer understands and acknowledges that the Property was acquired by Seller through
<br /> foreclosure, deed in lieu of foreclosure, or similar process, that Seller has never occupied the
<br /> Property, and that Seller has little or no direct knowledge regarding the condition of the Property.
<br /> Buyer further acknowledges that Seller has not made and does not make any express or implied
<br /> representations or warranties of any kind with respect to the environmental condition of the
<br /> Property or whether the Property is in compliance with applicable local, state, or federal
<br /> environmental or other laws, statutes,regulations,rules, ordinances, codes, or standards
<br /> ("Laws"). Buyer hereby agrees not to pursue any claims, losses, or damages against Seller or
<br /> FL
<br /> Confidential 1�'
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