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12/09/2004 13:59 612+305+1414 T 2#262 vu.c�..ire uu <br />48 <br />money shall be refundeee <br />d to Buyer; Buyer and Seller a to sign a Cancellation. of Purchase <br />Agreement. <br />DEFAULT: if title is marketable or is corrected as provided. herein, and Buyer defaults in any <br />of the agreements herein., Seller may tenninatc this Purchase Agreement and payments made <br />hereunder may be retained by Seller and agent, as their respective interests may appear. This <br />provision. shall not deprive either Buyer or Seller of the right to recover damages for a breach of <br />this Agreement or of the right of specific performance of this Agreement, provided this Purchase <br />Agreement is not terminated, and further provided, as to speci.fic perfomanee, such action is <br />commenced within sig: months after such right of action axises. <br />'TIibST Otr THE ESSEINC& Time is ofthe essence in this Purchase Agreement. Seller intends <br />to sell tyre remaining property of which the property being purchased hereunder is a part. Buyer <br />agrees to use kis best efforts to complete the platting and close on the purchase of the property on <br />or before November 30, 2004, and in furtherance thereof Buyer will attempt to submit or cause <br />to be submitted an application. for the platting of the: property with the City of St, .Anthony for <br />consideration by the City Council for the City of Anthony as soon as possible after the <br />acceptLnnce of this Agreement by the Seller. <br />ENTIRL AGREEMENT; Vis Purchase Agreement:, any attachedexhibits 211dany addenda or <br />amendments signed by the parties shall constitute the entire Agrecinwrt between Seller arrd <br />Buyer, and supersedes any other written or oral ab'eements betwcon Seller and Buyer, This <br />Purchase Agreement can be modified only in writing, signed by Seller and Buyer. <br />POSSESSION. Seller shall deliver possassiosr of the property not later- than the date of olosi ng, <br />[REMAINDER OF PAGE NTENTiONALLY LEFT 13L,ANKI <br />