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01-28-1998 Council Agenda
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01-28-1998 Council Agenda
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for herein. Seller makes no representation concerning the amount of future real estate taxes or of future special <br />assessments. <br />8. Damages to Real Property. In the event the property is destroyed, substantially damaged or any part <br />thereof shall be taken by eminent domain, this Agreement shall become null and void, at Buyer's option, and all <br />monies paid hereunder shall be refunded to Buyer. The option to terminate must be exercised within ten (10) days <br />after notice of taking or casualty. Should Buyer elect to proceed and close the transaction contemplated hereby, <br />there shall be no reduction in or abatement of the purchase price, but Seller shall assign to Buyer Seller's right, title <br />and interest in and to all insurance proceeds or award resulting from such destruction or taking. <br />9. Seller's Boundary Line, Access, Restrictions, and Lien Warranties. Seller warrants that buildings, <br />if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the <br />real property from a public right -of -way. Seller warrants that there has been no labor or material furnished to the <br />property for which payment has not been made. Seller warrants that there are no present violations of any <br />restrictions relating to the use or improvement of the property. There warranties shall survive the delivery of the <br />deed or contract for deed. <br />10. Condition of Property. <br />a. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, wiring, <br />and plumbing used and located on the . operty are in working order on the date of closing. <br />Seller represents that the prope ./HAS NOT had a wet basement or water in the <br />basement. Seller discloses that the roof HAS AS NS leaked. Seller warrants that the <br />property is connected to: city sewer E /NO; ci y water ES/'NO; cable TV YE <br />Seller shall remove all debris and all personal property not included in this sale from the <br />property before possession date. Seller has not received any notice from any governmental <br />authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees <br />on the property. <br />O. <br />b. Seller knows of no hazardous substances or petroleum products having been placed, stored, <br />or released from or on the property by any person in violation of any law, nor of any <br />underground storage tanks having been located on the property at any time, except as <br />follows: <br />No hazardous substances or petroleum products <br />c. Seller's warranties and representations contained in this paragraph 10 shall survive the <br />delivery of the Deed or Contract for Deed, provided that any notice of a defect or claim or <br />breach of warranty must be in writing and any such notice with respect to matters referred <br />to in "a" above must be given by Buyer to Seller within one year of the date of closing or be <br />deemed waived. <br />-3- <br />Page 70 <br />
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