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BUYER SHALL PAY real estate taxes due and payable in the year following closing and thereafter and any <br />unpaid special assessments payable therewith and thereafter, the payment of which is not otherwise provided <br />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 <br />part thereof shall be taken by eminent domain, this Agreement shall become null and void, at Buyer's option, <br />and all monies paid hereunder shall be refunded to Buyer. The option to terminate must be exercised within <br />ten (10) days after notice of taking or casualty. Should Buyer elect to proceed and close the transaction <br />contemplated hereby, there shall be no reduction in or abatement of the purchase price, but Seller shall assign <br />to Buyer Seller's right, title and interest in and to all insurance proceeds or award resulting from such destruction <br />or taldng. <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 <br />the real property from a public right -of -way. Seller warrants that there has been no labor or material furnished <br />to the property for which payment has not been made. Seller warrants that there are no present violations of <br />any restrictions relating to the use or improvement of the property. There warranties shall survive the delivery <br />of the deed or contract for deed. <br />10. Condition of Property. <br />a. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, <br />wiring, and plumbing used and located on the property are in working order on the date <br />of closing. Seller represents that the property HAS/HAS NOT had a wet basement or <br />water in the basement. Seller discloses that the roof HAS/HAS NOT leaked. Seller <br />warrants that the property is connected to: city sewer YES/NO; city water YES/NO; <br />cable TV YES/NO. Seller shall remove all debris and all personal property not included <br />in this sale from the property before possession date. Seller has not received any notice <br />from any governmental authority as to the existence of any dutch elm disease, oak wilt, <br />or other disease of any trees on the property. <br />b. Seller knows of no hazardous substances or petroleum products having been placed, <br />stored, or released from or on the property by any person in violation of any law, nor of <br />any underground storage tanks having been located on the property at any time, except <br />as follows: <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 <br />or breach of warranty must be in writing and any such notice with respect to matters <br />Page 6 <br />