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(1) All of the warranties herein contained are made • <br /> as of the date hereof and will be true and <br /> correct on the Date of Closing, except as varied <br /> with the prior written consent of the HRA. <br /> Owner hereby agrees that the truthfulness of each of said <br /> representations and warranties is a condition precedent to the <br /> performance by the HRA of its obligations hereunder. <br /> 9 . Damages or Destruction. If, prior to closing, the <br /> Property, or any part thereof, is damaged or destroyed by fire, <br /> the elements, or any cause, this Agreement shall become null <br /> and void at the HRA' s option, and upon receipt by Owner- of <br /> written notice of an election by the HRA to treat this <br /> Agreement as null and void. If the HRA elects to proceed and <br /> to consummate the purchase despite said damage or destruction, <br /> there shall be no reduction in or abatement of the purchase <br /> price, and Owner shall assign to the HRA the Owner' s right, <br /> title and interest in and to all insurance proceeds resulting <br /> from said damage or destruction. <br /> 10. Brokers . Both parties hereto warrant and <br /> represent to the other -that no real estate brokers, agents or <br /> finder' s fees or commissions are due in conjunction with the <br /> sale of the Property or from the execution of this Agreement <br /> and the transaction contemplated herein, and each party hereto • <br /> hereby agrees to indemnify and hold the other party harmless <br /> from claims that any such fees or commissions are due. <br /> 11. Entire Agreement,. Both parties affirm and <br /> represent that this Agreement contains the entire agreement of <br /> the parties and that this Agreement supersedes any prior <br /> agreements between the parties hereto regarding the Property. <br /> 12. Survival . All of the terms, covenants, <br /> conditions, warranties and provisions of this Agreement shall <br /> survive and continue in full force and effect and shall be <br /> enforceable after the closing. <br /> 13 . Notices. Any notice of election required or <br /> permitted to be given or served by either party hereto upon the <br /> other shall be deemed given or served in accordance with the <br /> provisions of this Agreement if said notice or election is <br /> mailed in a sealed wrapper in the United States registered or <br /> certified mail, postage prepaid, property addressed as follows: <br /> If to the Owner: c/o Mr. Dan Engelsma <br /> Kraus-Anderson, Incorporated <br /> 523 South Eighth Street <br /> Minneapolis, Minnesota 55404 <br /> -6- <br />