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Page 3 of 11 <br /> <br />____________ ____________ ____________ ____________ <br /> Initials Initials Initials Initials <br /> <br /> <br />C. Declare this Agreement null and void by notice to Seller, and earnest money <br />shall be refunded to Buyer. <br />• [Strike out one] BUYER SHALL ASSUME/SELLER SHALL PAY ON DATE <br />OF CLOSING any deferred real estate taxes or special assessments payment of <br />which is required as a result of the closing of this sale. Buyer shall pay real estate <br />taxes due and payable in the year following closin g and thereafter and any unpaid <br />special assessments payable therewith and thereafter, the payment of which is not <br />otherwise provided herein. Seller warrants that taxes due and payable in the year <br />2019 will be homestead classification. Seller makes no representation concerning <br />the amount of future real estate taxes or of future special assessments. Seller has <br />paid the real estate taxes for the first half of year 2019. <br />8. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged <br />prior to closing, this Agreement shall terminate and the earnest money shall be refunded <br />to Buyer. If the real property is damaged materially but less than substantially prior to <br />closing, Buyer may rescind this Agreement by not ice to Seller within twenty-one (21) <br />days after Seller notifies Buyer of such damage, during which 21-day period Buyer may <br />inspect the real property, and in the event of such rescission, the earnest money (if any) <br />shall be refunded to Buyer. <br />9. SELLER’S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN <br />WARRANTIES. Seller warrants that most buildings are entirely within the boundary <br />lines of the property, save for a shed. Seller warrants that there is a right of access to the <br />real property from a public right of way. Seller warrants that there has been no labor or <br />material furnished to the property for which payment has not been made. Seller warrants <br />that there are no present violations of any restrictions relating to the use or improvement <br />of the property sa ve for those set forth in the litigation titled Dryer v. City of Elk River <br />and SNL Island View Properties, LLC, Sherburne County District Court File No. 71- <br />CV-18-705. These warranties shall survive the delivery of the deed or contract for deed. <br />10. CONDITION OF PERSONAL PROPERTY. Seller warrants that all appliances, <br />fixtures, heating and air conditioning equipment, wiring, and plumbing used and located <br />on the property are in working order on the date of closing. Seller [underline one] <br />HAS/HAS NOT had a wet basement or water in the basement. Seller discloses that the <br />roof [Underline one] HAS/HAS NOT leaked. Seller warrants that the property is <br />connected to: city sewer (YES/NO) city water (YES/NO); cable TV (YES/NO). Seller <br />shall remove all debris and all personal property not included in this sale from the <br />property before possession date. Seller has not received any notice from any <br />governmental authority as to the existence of any Dutch elm disease, oak wilt, or other <br />disease of any trees on the property. Seller’s warranties and representations contained in <br />this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, provided <br />that any notice of a defect or claim of breach of warranty must be in writing and given <br />by Buyer to Seller within one year of the date of closing or be deemed waived. Buyer <br />shall have the right to have inspections of the property conducted prior to closing. Unless