Real Estate Purchase and Sale Agreement 4-8-16

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Page 6 of 13 INITIALS: Seller:_________/Date:________ Purchaser:_________/Date:________ Seller:_________/Date:________ 10.2. The persons who have executed this Agreement have been duly authorized to do so by Seller. All documents delivered at Closing will be executed by a duly authorized person. Seller has a good and legal right to enter into this Agreement and to perform all covenants of Seller contained in this Agreement in accordance with its terms. 10.3. None of the representations or warranties made by Seller contains any untrue statements of material fact or omit a material fact necessary in order to make the statements not misleading. 10.4. Except for the representations and warranties specifically included in this Agreement: (i) Seller makes no representations and warranties of any kind regarding the Property or the condition of the property or the improvements on the Property, if any; (ii) Seller hereby disclaims, and Purchaser hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with the laws, status of permits or approvals, existence or absence of hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness of a particular purpose, tenantability, habitability and use; (iii) Purchaser takes the Property “AS IS in its present condition and subject to all defects, known and unknown;” (iv) Seller makes no representation as to the location of the boundaries of the Property, the acreage contained in the Property and/or whether the fences and other improvements on the Property are located on the legally described Property; and (v) Purchaser takes the Property subject to and together with any and all Existing Known Contamination and/or unknown environmental contamination or Hazardous Substances on, under or in the Property. The provisions of this section shall in all events survive (i) any termination or expiration of this Agreement; and (ii) the closing of the transactions contemplated hereby (including delivery of the deed), and be fully enforceable thereafter in accordance with its terms. Initials of: Seller:_____/_____ Purchaser:_____ 11. Purchaser’s Representations and Warranties. 11.1. The persons who have executed this Agreement have been duly authorized to do so by Purchaser. All documents delivered at Closing will be executed by a duly authorized person. Purchaser has a good and legal right to enter into this Agreement and to perform all covenants of Purchaser contained in this Agreement in accordance with its terms. 11.2. Purchaser is duly organized, validly existing, and in good standing under the laws of the state of its formation. Purchaser has the full power and authority to execute, deliver and perform its obligations under this Agreement. 11.3. None of the representations or warranties made by Purchaser contain any untrue statements of material fact or omit a material fact necessary in order to make the statements not misleading. All representations and warranties of Purchaser shall be true on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date. 12. Condition of Property: 12.1. "AS-IS" Sale. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT AND WITHOUT LIMITING THE WARRANTIES CONTAINED IN THE DEED DELIVERED AT CLOSING, PURCHASER ACKNOWLEDGES AND AGREES THAT PURCHASER IS PURCHASING THE PROPERTY IN AN "AS-IS" CONDITION "WITH ALL FAULTS" KNOWN AND UNKNOWN, AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY NATURE WHATSOEVER FROM OR ON BEHALF OF SELLER, INCLUDING WITHOUT LIMITATION, THOSE OF FITNESS FOR A PARTICULAR PURPOSE AND USE. PURCHASER