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(A) THE PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY INCLUDING THE <br />STRUCTURAL INTEGRITY OR THE QUALITY OR CHARACTER OF MATERIALS USED IN <br />CONSTRUCTION OF ANY IMPROVEMENTS (E.G. DRYWALL, ASBESTOS, LEAD PAINT, UREA <br />FORMALDEHYDE FOAM INSULATION), AVAILABILITY AND QUANTITY OR QUALITY OF <br />WATER, STABILITY OF THE SOIL, SUSCEPTIBILITY TO LANDSLIDE OR FLOODING, <br />SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DAMAGE, MOLD OR ANY OTHER <br />MATTER AFFECTING THE STABILITY, INTEGRITY, OR CONDITION OF THE PROPERTY OR <br />IMPROVEMENTS; <br />(B) THE CONFORMITY OF THE PROPERTY, OR THE IMPROVEMENTS, TO ANY ZONING, LAND <br />USE OR BUILDING CODE REQUIREMENTS OR COMPLIANCE WITH ANY LAWS, RULES, <br />ORDINANCES OR REGULATIONS OF ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL <br />AUTHORITY, OR THE GRANTING OF ANY REQUIRED PERMITS OR APPROVALS, IF ANY, <br />OF ANY GOVERNMENTAL BODIES WHICH HAD JURISDICTION OVER THE <br />CONSTRUCTION OF THE ORIGINAL STRUCTURE, ANY IMPROVEMENTS AND /OR ANY <br />REMODELING OF THE STRUCTURE; AND <br />(C) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS <br />FOR A PARTICULAR PURPOSE OF THE PROPERTY OR IMPROVEMENTS INCLUDING <br />REDHIBITORY VICES AND DEFECTS, APPARENT, NON APPARENT OR LATENT, WHICH <br />NOW EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH, IF KNOWN TO THE <br />PURCHASER, WOULD CAUSE THE PURCHASER TO REFUSE TO PURCHASE THE <br />PROPERTY. <br />Mold, mildew, spores and /or other microscopic organisms and /or allergens (collectively referred to in this <br />Agreement as "Mold ") are environmental conditions that are common in residential properties and may <br />affect the Property. Mold, in some forms, has been reported to be toxic and to cause serious physical <br />injuries, including but not limited to, allergic and /or respiratory reactions or other problems, particularly in <br />persons with immune system problems, young children and /or elderly persons. Mold has also been reported <br />to cause extensive damage to personal and real property. Mold may have been removed or covered in the <br />course of any cleaning or repairing of the Property. The Purchaser acknowledges that, if Seller, or any of <br />Seller's employees, contractors, or agents cleaned or repaired the Property or remediated Mold <br />contamination, that Seller does not in any way warrant the cleaning, repairs or remediation. Purchaser <br />accepts full responsibility for all hazards that may result from the presence of Mold in or around the <br />Property. The Purchaser is satisfied with the condition of the Property notwithstanding the past or present <br />existence of Mold in or around the Property and Purchaser has not, in any way, relied upon any <br />representations of Seller, Seller's employees, officers, directors, contractors, or agents concerning the past or <br />present existence of Mold in or around the Property. <br />If at any time the Property conditions result in violations of building code or other laws or regulations, either party <br />shall have the right to terminate the Agreement at any time prior to closing. If there is an enforcement proceeding <br />arising from allegations of such violations before an enforcement board, special master, court or similar enforcement <br />body, and neither the Purchaser nor the Seller terminate this Agreement, the Purchaser agrees (a) to accept the <br />Property subject to the violations, (b) to be responsible for compliance with the applicable code and with orders <br />issued in any code enforcement proceeding and (c) to resolve the deficiencies as soon as possible after the closing. <br />The Purchaser agrees to execute any and all documents necessary or required for closing by any agency with <br />jurisdiction over the Property. The Purchaser further agrees to indemnify the Seller from any and all claims or <br />liability arising from the Purchasers breach of this Section 7 of this Addendum. <br />The closing of this sale shall constitute acknowledgement by the Purchaser that Purchaser had the <br />opportunity to retain an independent, qualified professional to inspect the Property and that the condition of <br />the Property is acceptable to the Purchaser. The Purchaser agrees that the Seller shall have no liability for <br />any claims or losses the Purchaser or the Purchaser's successors or assigns may incur as a result of <br />construction or other defects which may now or hereafter exist with respect to the Property. <br />8. Occupancy Status of Property: The Purchaser acknowledges that neither the Seller, nor its representatives, agents or <br />assigns, has made any warranties or representations, implied or expressed, relating to the existence of any tenants or <br />occupants at the Property unless otherwise noted in Section 38 of this Addendum. Seller represents that the <br />Property may have tenants occupying same under an active lease but expressly disclaims any warranties regarding <br />the validity, enforceability, performance under or continuation of said lease. The Purchaser acknowledges that <br />closing on this transaction shall be deemed the Purchaser's reaffirmation that neither the Seller, nor its <br />representatives, agents or assigns, has made any warranties or representations, implied or expressed, relating to the <br />PURCHASER (Initials) <br />SELLER (Initials) <br />NPOC FORM 001 Letter 11- 30.2009 <br />REO It CIOOHF4 <br />