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06/18/02 TUE 14:37 FAX 16123402644 DORSEY WHITNEY LLP JUN-18-2002 14:10 DORSEY 8. WHITNEY LLP 6123402868 06/18/2002 13:14 FAX 812 789 2109 F W R B LAW OFFICE 4_ (a) The number of square feet contained in the Property, measured to the fight-Of-way line of public roads upon which it abuts; (b) The exact legal description of boundary lines of the Property; (c) Encroachments from or onto the Property, if any; (d) Location of utility lines and easements of any kind, of record or appearing thereupon,if any; (e) Assumed bearings used by the surveyor, and (f) Direct legal access from a public road to the Properly. 6, .)Real Estate - s and Special Assessmrmks. Real estate taxes due and payable in the year of closing ofthis sale and installments of special assessments payable therewith shall be pro- rated by the Seller and Buyer. Real estate taxes and assessments due and payable in the year 2001 and all prior years on the Property shall be paid by Seller. Al) Ievied and pending special assessments shall be paid by Seller. 7. Pe itted AcceSs and_1n=ection. Buyer's performance of this Agreement is expressly conditioned upon Buyer's inspection and approval of the Property,which inspection shall be made on or before Closing Date. During the term of such inspection,Buyer and its authorized representatives shall be permitted access to the Property at reasonable times for the purposes of architectural inspection and design studies, and such soil borings and environmental assessment as are-deemed necessary by Buyer- Buyer agrees to indemnify and defend Seller from, and to hold Seller harmless against auy and all claims, causes of action or expenses,including attorney's fees, relating to or arising from Buyer's presence on the Property prior to the Closing Date_ Buyer agrees to repair any damage to the Property caused by such inspections and to return the Property to substantially the same condition as existed prior to Buyer's inspection. If said inspection is, in Buyer's sole discretion,unsatisfactory to Buyer, and Buyer so notifies Sel ler of the same in writing prior to the Date of Closing.this Agreement shall be null and void and the Earnest Money shall be refunded to Buyer. Buyer shall be entitled to actual possession of the Property on and after the Closing Date. 5