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Liability Act, Minnesota Statutes, § 115B.02. The term "hazardous substance" must also <br />include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any <br />fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquified <br />natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic <br />gas). <br />e. Seller represents that: (i) there are no special assessments levied or <br />pending against the Property; (ii) the Property is exempt from ad valorem real estate taxes <br />assessed in 2007 and due and payable in 2008; and (iii) there are no delinquent real estate <br />taxes or installments of special assessments due and payable with respect to the Property. <br />f. Seller represents that, to the best of Seller's actual knowledge, the Property <br />has not been used for methamphetamine production. <br />If, at any time prior to the Date of Closing, Seller acquires actual knowledge of events, <br />circumstances or facts which render the representations set forth in this Section 11 inaccurate in <br />any respect, Seller must immediately notify Buyer, in writing. All of the representations set forth <br />in this Section 11 shall survive closing and shall not be merged in the delivery and execution of <br />the Deed, except that Buyer's acceptance of the deed described in Section 6 from Seller and <br />payment of the Purchase Price to Seller with knowledge that one or more of the matters set forth <br />above are not as represented constitutes Buyer's waiver or release of any claims due to such <br />misrepresentation. <br />12. Buyer's Representations. Buyer hereby represents to Seller as follows: <br />a. The individuals executing this Agreement on behalf of Buyer represent <br />and warrant that they have the authority to execute this Agreement on behalf of Buyer <br />and to bind Buyer. Buyer represents that Buyer has the full and complete authority to <br />enter into this Agreement and to purchase the Property. <br />b. Buyer represents that Buyer has not engaged a real estate agent in <br />connection with this transaction. <br />13. Buyer's Inspection and "AS IS" Sale. At all times prior to the Date of Closing, <br />Buyer and its agents have the right, upon reasonable notice to Seller, to go upon the Property to <br />inspect the Property and to determine the condition of the Property including, specifically, the <br />presence or absence of Hazardous Substances, in, on, or about the Property. Buyer agrees to <br />indemnify and defend Seller from and to hold Seller harmless against any and all claims, causes <br />of action or expenses, including attorneys fees, relating to or arising from Buyer's or Buyer's <br />agents or contractors presence on the Property prior to the Date of Closing. Buyer agrees to <br />repair any damage to the Property caused by such inspections and to return the Property to <br />substantially the same condition as existed prior to Buyer's inspection. BUYER <br />ACKNOWLEDGES THAT BUYER IS PURCHASING THE PROPERTY IN RELIANCE <br />ON THE REPRESENTATIONS OF SELLER SET FORTH IN SECTION 11; ON <br />BUYER'S INSPECTION OF THE PROPERTY PURSUANT TO THIS SECTION 13; <br />AND ON BUYER'S JUDGMENT REGARDING THE SUFFICIENCY OF SUCH <br />INSPECTIONS. BUYER IS NOT RELYING ON ANY WRITTEN OR ORAL <br />2150570v4 6 <br />