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DRAFT <br /> <br /> <br />7 <br />425582v2 SJR MU210-213 <br />disposal facility. This includes, but is not limited to, used oil, paints, solvents, fertilizers, <br />poisons, and the like. <br /> <br />16. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses <br />that there is not an individual sewage treatment system on or serving the Property. If there is an <br />individual sewage treatment system on or serving the Property, Seller discloses that the system <br />(is) (is not) in use, and Seller further discloses that the type of system is a _______________ <br />system and the location is shown on the map attached as Exhibit B to this Purchase Agreement. <br /> <br />17. CONDITION OF SUBSOIL AND GROUND WATER. Seller hereby warrants to <br />Buyer that during the time the Seller has owned the Property there have been no acts or <br />occurrences upon the Property that have caused or could cause contamination or hazardous <br />substances in the subsoil or ground water of the Property or other adjacent properties. This <br />warranty shall survive the closing of this transaction. <br /> <br />In the event Buyer’s testing discloses contamination or hazardous conditions in the subsoil or <br />groundwater of the Property, Buyer shall be privileged to rescind this transaction and cancel the <br />Purchase Agreement upon written notice to Seller. <br /> <br />18. WELL DISCLOSURE. Seller discloses that there is not a well on or serving the <br />Property. If a well is present, a well disclosure statement accompanies this agreement. <br /> <br />19. SELLER’S WARRANTIES. Seller warrants that buildings, if any, are entirely within <br />the boundary lines of the Property. Seller warrants that there is a right of access to the real <br />Property from a public right-of-way. Seller warrants that there has been no labor or material <br />furnished to the Property for which payment has not been made. Seller warrants that there are no <br />present violations of any restrictions relating to the use or improvement of the Property. These <br />warranties shall survive the closing of this transaction. <br /> <br />20. NO MERGER OF REPRESENTATIONS, WARRANTIES. The representations and <br />warranties contained in this Agreement shall not be merged into any instruments or conveyance <br />delivered at Closing, but instead shall survive closing, and the parties shall be bound <br />accordingly. <br /> <br />21. RELOCATION BENEFITS. The Buyer has notified the Seller that (a) the Buyer only <br />seeks to acquire the Property by voluntarily conveyance; (b) the parties mutually initiated <br />negotiations; and (c) if negotiations fail, the Buyer will not acquire or undertake acquisition of <br />the Property by eminent domain. <br /> <br />22. NO BROKER. Buyer represents that it has not engaged any real estate broker in <br />connection with the sale of the Property. Seller has not engaged the services of a broker, or if <br />Seller has engaged the services of a broker, Seller will be solely responsible for the costs of such <br />broker and shall defend, indemnify and hold Buyer harmless from any claims of such broker.