Agenda Packets - 1998/10/26 - Laserfiche WebLink

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closing, or if the Property is damaged materially but less than substantially prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property, and in the event of such rescission,the Earnest Money shall be refunded to Buyer. 13. CONDITION OF PROPERTY. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, wiring, and plumbing used and located on the property are in working order on the date of closing. Seller 4102PHAS NOT) had a wet basement or water in the basement. Seller discloses that the roof HAS NOT) leaked. Seller shall remove all debris and all personal property not included in s sale from the Property before possession date. Seller has not received any notice from any governmental authority as to the existence of any dutch elm disease,oak wilt,or other disease of any trees on the Property. Seller's warranties and representations contained in this paragraph 13 shall survive the closing of this transaction. Buyer shall have the right to have inspections of the Property conducted prior to Closing. Unless required by local ordinance or lending regulations, Seller does not plan to have the Property inspected. Other than the representations made in this paragraph, the property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. (This paragraph is not intended to waive or modify any provisions of Minn. Stat.,Chapter 327A.) 14. DISCLOS 11 ; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there (IS) /h OT an individual sewage treatment system on or serving the Property. If there is an individu. - • .ge treatment system on or serving the Property, Seller discloses that the system (IS) (IS NOT) in use, and Seller further discloses that the type of system is a system and the location is shown on map attached as Exhibit B to this Purchase Agreement. 15. CONDITION OF SUBSOIL AND GROUND WATER; ENVIRONMENTAL WARRANTY. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. Seller agrees to indemnify and hold harmless Buyer from any and all claims, causes of action, damages, losses, or costs (including reasonable attorney's fees) relating to impurities in the subsoil or groundwater of the Property or other adjacent properties which arise from or are caused by acts or occurrences upon the Property prior to Buyer taking possession of the same. This indemnity shall survive the closing of this transaction. Seller warrants that to the best of the Seller's knowledge no toxic or hazardous substances, including, without limitation, asbestos, urea formaldehyde, the group of organic compounds known as polychlorinated biphenyl, and any substance as defined or listed as "hazardous materials" or "toxic substances" or similarly identified in or pursuant to the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"),42 U.S.C. Section 9601-9657, as SJR-148110 MU205-12