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09-27-2000 Council Agenda
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09-27-2000 Council Agenda
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13. Individual Sewage Treatment System Disclosure. Check one of the following: <br />x Seller certifies that there is no individual sewage treatment system on or serving the property. <br />Individual sewage treatment systems on or serving the property are disclosed by Seller on the <br />attached disclosure statement. <br />19. Seller's Affidavit. At closing, Seller shall supplement the warranties and representations in this <br />Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116 -M, <br />117 -M, or 118 -M] Affidavit of Seller. <br />20. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon Seller and <br />Buyer and their respective heirs, executors, legal representatives, successors and assigns <br />21. Voluntary Sale. Seller acknowledges this transaction is occurring on a voluntary basis at the request <br />of the Seller. Seller waives any and all claim against the Buyer which may exist as a result of this transaction, <br />including any associated with the Uniform Acquisition and Relocation Act. <br />22. Broker's Commission. Seller and Buyer represent and warrant to each other that they have dealt with <br />no brokers, finders, or the like in connection with this transaction, and agree to indemnify each other and to hold <br />each other harmless against all claims, damages, costs or expenses of or for any other such fees or commissions <br />resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay <br />all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other <br />party, including reasonable attorney's fees. <br />23. Closing Costs. Buyer shall pay costs associated with closing except for the following: Title <br />insurance should seller not deliver an owner's duplicate or current abstract, State deed tax, conservation fee, well <br />certificate recording, and any fees associated with recording satisfactions or releases relating to transactions <br />occurring prior to the date of this Purchase Agreement, and special assessment searches. <br />24. Right of Entry. Seller will grant Buyer right of entry to the property prior to the date of closing after <br />reasonable notice by Buyer to Seller. <br />25. Construction. No provision of this Agreement shall be construed by any court or other judicial <br />authority against either Seller or Buyer by reason of any such party being deemed to have drafted or structured such <br />provision. <br />26. Survival of Closing. All representations, warranties, agreements and indemnities contained in this <br />Agreement shall survive the closing. <br />27. Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to the sale <br />of the Property. The parties acknowledge there exists no understanding or provisions relative to the sale of the <br />Property except as set forth in this Agreement. This Agreement may not be changed, waived, discharged or <br />terminated except in writing executed by Purchaser and Seller or canceled pursuant to statute. <br />Page 82 <br />
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