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01-24-2007 Additions
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01-24-2007 Additions
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11/9/2011 1:11:09 PM
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11/9/2011 1:10:36 PM
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that change this Agreement and no waiver of any of its terms will <br />be effective unless in a writing executed by the parties. <br />18. Binding Effect. This Agreement binds and benefits the <br />parties and their successor and assigns. <br />19. Controlling Law. This Agreement has been made under <br />the laws of the State of Minnesota, and such laws will control <br />its interpretation. <br />20. Remedies. If Buyer defaults under this Agreement, <br />Seller shall have the right to terminate this Agreement by giving <br />written notice to Buyer. If Buyer fails to cure such default <br />within fifteen (15) days of the date of such notice, this <br />Agreement will terminate. The termination of this Agreement will <br />be the sole remedy available to Seller for such default by Buyer, <br />and Buyer will not be liable for damages or specific performance. <br />If Seller defaults under this Agreement, this provision does not <br />preclude Buyer from seeking and recovering from Seller damages <br />for nonperformance or specific performance of this Agreement. If <br />Seller defaults under this Agreement, Buyer shall have no right <br />to seek damages from Seller for Buyer's loss of its bargain in <br />failing to acquire the Property, but Buyer shall recover as <br />damages from Seller all of Buyer's out -of- pocket costs and fees <br />including without limitation attorneys' fees, accountants' fees <br />and other consultants' fees incurred by Buyer in preparing and <br />negotiating this Agreement, preparing for the closing, obtaining <br />financing commitments, investigating the status, title and <br />condition of the Property, and other similar and reasonable costs <br />and expenses. <br />21. Waiver of Relocation /Voluntary Sale. Seller <br />acknowledges this transaction is occurring on a voluntary basis.. <br />Seller further agrees that no person(s) will be displaced or <br />relocated as a result of any purchase by the Buyer. Seller <br />waives any rights they may have under the Uniform Relocation Act <br />of 1970, and the regulation adopted pursuant thereto by the <br />United States Department of Housing and Urban Development, and <br />any applicable Minnesota law relating to relocation. <br />Seller and Buyer have executed this Agreement as of the date <br />first written above. <br />SELLER: David E. & Jane E. Koopman <br />-20- <br />
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