go. (2) Buyer delivers proper written notice and Sailor cures the defects within _ days from receipt of the notice
<br />01 ('Curative Period'). If the defects are cured within the Curative Period, closing will occur within 10 days from receipt
<br />e2 by Buyer of notice of such curing, Seller may elect not to cure defects if Seller reasonably believes any defect
<br />93 cannot be cured within the Curative Period. If the defects are not cured within the Curative Period, Buyer will have
<br />04 10 days from receipt of notice of Seder's inability to cure the defects to elect whether to terminate this Contract or
<br />91 accept title subject to existing defects and close the transaction without reduction in purchase price.
<br />a8 (c) Survey: (check applicable provisions below)
<br />07• b (i.)Sellerwill, within days from Effective Date, deliver to Buyer copies of prior surveys, plans,
<br />at specifications, and engineering documents, if any, and the following documents relevant to this transaction:
<br />e0•
<br />100 prepared for Seller or In Seller's possession, which show all currently existing structures. In the event this
<br />101 transaction does not close, all documents provided by Seller will be returned to Seller within 10 days from the
<br />102 date this Contract is terminated.
<br />103• 18( Buyer will, at 0 Seller'sW Buyses expense and within the time period allowed to deliver and examine title
<br />104 evidence, obtain a current certified survey of the Property from a registered surveyor. If tha survey reveals
<br />105• encroachments on the Property or that the improvements encroach on the lands of another, O Buyer will
<br />1W accept the Property with existing encroachments 13 such encroachments will constitute a title defect to be
<br />for cured within the Curative Period,
<br />100 (d) Ingress and Egress: Seller warrants that the Property presently has Ingress and egress.
<br />1o0 7. PROPERTY CONDITION: Seller will deliver the Property to Buyer at the time agreed in its present "as Is"
<br />»o condition, ordinary wear and tear excepted, and will maintain the landscaping and grounds in a comparable condition.
<br />111 Seller makes no warranties other than marketability of title. In the event that the condition of the Property has
<br />112 materially changed since the expiration of the Due Diligence Period, Buyer may elect to terminate the Contract and
<br />113 receive a refund of any and all deposits paid, plus Interest, If applicable. By accepting the Property "es hr, Buyer
<br />114 waives all claims against Seller for any defects in the Property. (Check (a) or (b))
<br />11a• 19 (a) As Is: Buyer has inspected the Property or waives any right to Inspect and accepts the Property in its "as is"
<br />rse condition.
<br />11r 0 (b) Due Diligence Period: Buyer will, at Buyer's expense and within _ days from Effective Date ("Due
<br />11e Diligence Period'), determine whether the Property Is suitable, in Buyers sole and absolute discretion, for Buyer's
<br />110 intended use and development of the Property as specified in Paragraph 6, During the Due Diligence Period,
<br />120 Buyer may conduct any tests, analyses, surveys and Investigations ("Inspections") which Buyer deems necessary
<br />121 to determine to Buyer's satisfaction the Property's engineering, architectural, environmental properties; zoning and
<br />122 zoning restrictions, flood zone designation and restrictions; subdivision regulations; soil and grade; availability of
<br />123 access to public roads, water, and other utilities; consistency with local, state and regional growth management and
<br />124 comprehensive land use plans; availability of permits, government approvals and licenses; compliance with
<br />126 American with Disabilities Act; absence of asbestos, soil and ground water contamination; and other Inspections
<br />128 that Buyer deems appropriate to determine the suitability of the Property for Buyer's Intended use and
<br />127 development. Buyer will deliver written notice to Seller prior to the expiration of the Due Diligence Period of
<br />12a Buyer's determination of whether or not the Property is acceptable. Buyer's failure to comply with this notice
<br />120 requirement will constitute acceptance of the Property in its present "as is' condition. Seller grants to Buyer, its
<br />130 agents, contractors and assigns, the right to enter the Property at any time during the Due Diligence Period for the
<br />131 purpose of conducting inspections; provided, however, that Buyer, its agents, contractors and assigns enter the
<br />132 Property and conduct inspections at their own risk. Buyer will indemnify and hold Seller harmless from losses,
<br />133 damages, costs, claims and expenses of any nature, including attomeys' fees at all levels, and from liability to any
<br />134 person, arising from the conduct of any and all inspections or any work authorized by Buyer, Buyer will not engage
<br />133 In any activity that could result In a mechanic's lien being flied against the Property without Seller's prior written
<br />13a consent, In the event this transaction does not close, (1) Buyer will repair all damages to the Property resulting
<br />137 from the Inspections and return the Property to the condition it was in prior to conduct of the Inspections, and
<br />130 (2) Buyer will, at Buyer's expense release to Seller all reports and other work generated as a result of the
<br />130 inspections. Should Buyer deliver timely notice that the Property Is not acceptable, Seller agrees that Buyer's
<br />140 deposit will be Immediately returned to Buyer and the Contract terminated.
<br />141 (c) Walk-through Inspmay, on the day prior to closing or any other time mutually agreeable to the
<br />142- Buyer (,,,,,_,) (I and seiror nawledgo receipt of a copy of this page, which Is Page 3 of 8 Pages.
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<br />Lamed to Alts StorSormareaid IDS D-03361ai106.Ce2S.120322
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