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With Copy to: EcKBERG LAw FIRM <br /> 1809 Northwestern Avenue <br /> Stillwater, MN 55082 <br /> Attn: Timothy Paul Brausen <br /> Notices shall be deemed effective on the earlier of the date of receipt or the date of deposit, as <br /> aforesaid; provided, however, that if notice is given by deposit, the time for response to any <br /> notice by the other party shall commence to run one business day after any such deposit. Any <br /> party may change its address for the service of notice by giving notice of such change 10 days <br /> prior to the effective date of such change. <br /> 15. Miscellaneous. The paragraph headings or captions appearing in this <br /> Agreement are for convenience only, are not a part of this Agreement, and are not to be <br /> considered in interpreting this Agreement. This written Agreement constitutes the complete <br /> agreement between the parties and supersedes any prior oral or written agreements between the <br /> parties regarding the Property. There are no verbal agreements that change this Agreement, and <br /> no waiver of any of its terms will be effective unless in a writing executed by the parties. This <br /> Agreement binds and benefits the parties and their successors and assigns. This Agreement has <br /> been made under the laws of the State of Minnesota, and such laws will control its interpretation. <br /> 16. Remedies. If Buyer defaults under this Agreement, Seller shall have the <br /> right to terminate this Agreement in accordance with the applicable Minnesota statutes. If Buyer <br /> fails to cure such default within the statutory cure period, this Agreement will terminate, and <br /> upon such termination Seller will retain the Earnest Money as liquidated damages, time being of <br /> the essence of this Agreement. The termination of this Agreement and retention of the Earnest <br /> Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not <br /> be liable for damages or specific performance. If Seller defaults under this Agreement, Buyer, as <br /> the sole remedy available to Buyer for such default by Seller, may seek specific performance of <br /> this Agreement. <br /> Seller and Buyer have executed this Agreement as of the date first written above. <br /> Date of Signature SELLER <br /> 32006 By <br /> Charles J. Nosie <br /> Date of Signature <br /> , 2006 By <br /> Mark S. Noise <br /> -8- <br />