Common use of Condition of Property Clause in Contracts

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller seller to the Buyer buyer on an "AS-IS, WHEREHOW-IS and WITH ALL FAULTS" basis. Xxxxx Buyer accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or or, as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: ; lease or rent information; , noise disturbances; , waste and/or and or septic disposal systems; , marked or unmarked cemeteries/cemeteries / burial grounds; , soil results for septic disposal systems; , city or well water, water either availability, connectivity availability and or connected or purity of; of , timber; , soil; , earth; , rock; , caverns; , sinkholes; , wood destroying organisms or infestations; , geology; , utilities either availability connected or connectivity; availability, acreage of parcel; square , sq. footage or condition of structure; , any improvements; improvements and all photographs; , age; , any measurements; measurements and working or non-non working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from therethere from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans American with Disabilities Act disabilities act or with any environmental protection, pollution or land use laws, rules, orders or requirements; , including solid waste (as defined by the U.S. Environmental Protection Agency environmental protection agency regulations at 40 c.f.r., part 261), or the disposal or existence existence, in or on the property, of any type or kind of hazardous substance in or on the property, such as mold/mold / fungus, radon, lead, asbestos, landfills, aldehydes/aldehydes / chemicals, pesticides, by-by products of methamphetamines, methamphetamines or storage of any type of hazardous waste or substances AND (as defined by the Comprehensive Environmental Response, Compensation, comprehensive environmental response compensation and Liability Act liability act of 1980, as amended, and regulations thereunderthere under).

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx Buyer accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold Buyer hereby acknowledges Buyer’s obligation to perform due diligence in regard to this transaction as well as the condition of the Property, and agrees that an inspection of the Property has been made by Buyer, that the purchase is based upon such inspection and such additional independent investigation as Buyer has chosen to make, and not by or through any representations made by Seller to or Agent. Buyer agrees that Buyer is acquiring the Buyer on an "AS-ISProperty “as is”, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts “where is”, with all faults and defects of the property defects, latent and patent, whether known or known, unknown, presently existing disclosed, or that may hereafter arise. undisclosed by Seller, and Buyer acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and Seller hereby specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present present, or future, or of, as to, concerning to or with respect to: to (ia) the valuehabitability, naturemerchantability, quality or condition fitness of a particular purpose of the property, including without limitation: lease Property or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentspart thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (ivb) the compliance of or by the property Property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or bodybody having jurisdiction including, without limitation, all applicable zoning laws or other land use regulations including those, without limitation, permitting and certificates of occupancy; (vc) the habitabilitynature, quality, or condition of the Property, including, without limitation, water, soil, and geology, or the presence or absence of any pollutant, mold, lead-based paint, radon, hazardous or toxic substance or material, hazardous or solid waste, termites or other wood destroying organism or any other type of insects, underground or above ground storage tank system, or any other contamination or environmental condition on, in, under, or about the Property; (d) the suitability of the Property for any and all activities and uses which Buyer may intend to conduct thereon; (e) any income to be derived from the Property; (f) the marketability, merchantability, marketabilityage, profitabilityquality, state of repair, or fitness for a particular purpose of the property; (vi) the manner any items of personal Property that may or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will may not be obstructed located upon the Property, including, without limitation, any HVAC, cooking, refrigerating, dishwashing, plumbing, or electrical apparatus or equipment boilers, engines, motors, generating equipment, piping or plumbing fixtures, underground or above ground storage tank systems, ventilating or vacuum cleaning systems, irrigation systems, fire alarms, fire extinguishing apparatus, security systems, telephone systems, telephone jacks, cable jacks, gas and electric fixtures, elevators, mantels, built-in the futuremirrors, screens, storm sashes, awnings, carpeting, under padding or drapes; or or (ixg) any other matter related to or concerning the Property or any items of personal property which may or may not be located thereon. Buyer shall not seek recourse against Seller on account of any loss, cost, or expense suffered or incurred by Buyer with respect regard to any of the matters described in above and hereby assumes the risk of any adverse matters related to the propertymatters described above from and after the date of closing. In addition, and specificallywithout limiting the foregoing, Seller specifically makes no representations as to the existence, suitability, or the working condition of, of any system including but not limited to electric, gas, water, (public or well), septic (public or private), cable, internet, or the status of any available permits or approvals related thereto. Buyer hereby expressly waives any and all claims for damages or rescission of this contract due to any representations made by Seller or Agent, except such representations as may be contained in this contract. THE PROPERTY SHALL BE TRANSFERRED TO AND ACCEPTED BY ANY BUYER IN AS-IS CONDITION WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN AND FREE OF ANY AND ALL LIENS, ENCUMBRANCES, SECURITY AGREEMENTS OR OTHER FINANCING DEVICES, EXCEPT AS EXPRESSLY ALLOWED HEREIN. Seller and Agent each makes no representations or warranties of any kind as to the suitability of the Property for any purpose whatsoever or as to the physical condition thereof (including, without limitation, environmental condition) or otherwise. It is expected that seller has not made, does not makeBuyer will rely on its own inspection to determine the condition of the Property, and specifically disclaims will not rely on any statement or representation regarding compliance with the Americans with Disabilities Act of Seller, or with any environmental protection, pollution or land use laws, rules, orders or requirements; Seller’s agents (including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261Agent), representatives or consultants with respect thereto. Buyer agrees to accept the disposal or existence Property without recourse against Seller of any type kind under applicable laws and regulations. By acceptance of the deed to the Property, Buyer shall have released and waived any claim against or kind rights of hazardous substance in contribution against Seller or on Agent under any Environmental Law for environmental conditions at the propertyProperty that may exist as of the closing date and such release and waiver shall survive the closing and the transfer of title to the Real Property. For purposes hereof, such as mold/fungus“Environmental Laws” includes, radonwithout limitation, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amendedamended (42 U.S.C. § 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 108, et. seq.), the Resource Conservation and regulations thereunderRecovery Act, as amended (42. U.S.C. § 6901, et. seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et seq.), the Clean Water Act, as amended (33 U.S.C. § 1251, et. seq.), and/or any corresponding state law and the regulations, rules, ordinances, decisions, orders, or determinations of a judicial or governmental entity.”

Condition of Property. The property will Buyer understands and acknowledges that the Seller or an affiliated entity of the Seller acquired the Property by foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, right of eminent domain or similar process and consequently, the Seller has no direct knowledge concerning the condition of the Property. As a material part of the consideration to be sold received by the Seller under the Agreement as negotiated and agreed to by the Buyer on an "AS-ISand the Seller, WHERE-IS the Buyer acknowledges and WITH ALL FAULTS" basis. Xxxxx accepts all faults and agrees to accept the Property in “As Is, Where Is” condition, With All Faults at the time of closing, including, without limitation, any hidden defects or environmental conditions (including the presence of mold, which is more specifically addressed in Section 12 below) affecting the property Property, whether known or unknown, presently existing whether such defects or that may hereafter arise. conditions were discoverable through inspection or not. (a) The Buyer acknowledges and agrees that the Seller Seller, its agents and the Agents representatives have not made, does not make and the Seller specifically negates and disclaims disclaims, any representations, warranties, promises, covenants, agreements agreements, or guarantees of any kind guarantees, implied or character whatsoever, whether expressed or impliedexpress, oral or written, past, present or future, or concerning to or with in respect to: : (i) The physical condition or any other aspect of the value, nature, Property including the structural integrity or the quality or condition character of materials used in construction of any improvements, availability and quality or quantity of water, stability of the propertysoil, including without limitation: lease susceptibility to landslide or rent information; noise disturbances; waste and/or septic disposal systems; marked flooding, sufficiency of drainage or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city any other matter affecting the stability, safety or well water, either availability, connectivity integrity of the Property or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; ; (ii) the income to be derived from the property; (iii) the suitability The conformity of the property for Property or the improvements to any and all activities and uses which buyer may conduct from there; (iv) the environmental, zoning, land use or building code requirements or compliance of by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any federal, state or local governmental authority authority, or bodythe granting of any required permits or approvals, if any, of any governmental bodies which had jurisdiction over the construction of the original structure, any improvements and/or remodeling of the structure; and (viii) the The habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; Property or improvements, including defects, apparent or latent, which now exist or which may hereafter exist and which, if known to Buyer, would cause Buyer to refuse to purchase the Property. (vib) In the manner event the Property is affected by an environmental hazard, as determined by the Seller, either party may terminate the Agreement. In the event the Seller decides to sell the Property to the Buyer and the Buyer agrees to purchase the Property, the Buyer agrees to execute an indemnity and hold harmless agreement at Closing, in a form acceptable to Seller. In the event the Buyer elects not to execute the disclosure and release, at the Seller’s discretion, the Agreement is automatically terminated upon notice given to Buyer. (c) In the event that Seller has received official notice that the Property is in violation of building codes or quality similar laws or regulations, the Seller may terminate the Agreement or delay the Closing Date or the Buyer may terminate the Agreement. In the event the Agreement is terminated by either Buyer or Seller pursuant to this Paragraph 11, any xxxxxxx money deposit will be retuned to the Buyer. If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special master, court or similar enforcement body, and neither the Buyer nor the Seller terminate the Agreement, the Buyer agrees (a) to accept the Property subject to the violations, and (b) to be responsible for compliance with the applicable code and with orders issued in any code enforcement proceeding. Xxxxx agrees to execute any and all documents necessary or required for closing by an agency with jurisdiction over the Property. Xxxxx further agrees to indemnify the Seller from any and all claims or liability arising from the Buyer’s breach of this paragraph 11of this Addendum. (d) The Closing of this sale shall constitute acknowledgement by the Buyer that the condition of the Property is acceptable to the Buyer at that time. The Buyer agrees that Seller shall have no liability for any claims or losses the Buyer of the Buyer’s successors or assigns may incur as a result of construction or materials, if any, incorporated into the property; (vii) the manner, quality, state other defects that may now of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter hereafter exist with respect to the propertyProperty. (e) The Seller is exempt from filing a disclosure statement as the Property was acquired through foreclosure, and specificallydeed-in-lieu of foreclosure, without limitationforfeiture, that seller has not madetax sale, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261)eminent domain, or similar process. For Alaska transactions, the disposal or existence Seller and the Buyer have previously executed a waiver of any type or kind the disclosure provisions of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunderAlaska statutes.

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS(a) Purchaser acknowledges that, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects except as otherwise set forth in this Agreement or in any of the property whether known or unknownClosing documents, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and specifically negates and disclaims any and all representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed express or implied, oral or written, past, present or future, or concerning to of, as to, concerning, or with respect to: to (i) the value, nature, quality quality, or condition of the propertyProperty, including including, without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well , the water, either availabilitysoil, connectivity and geology or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms structural elements, or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentsfoundations; (ii) the income to be derived from suitability of the propertyProperty for any or all of Purchaser’s activities and uses; (iii) the suitability compliance of or by the property for Property with any and all activities and uses which buyer may conduct from therelaws, codes, roles, ordinances, regulations, orders, decrees, or other requirement of any applicable governmental authority or body (collectively, the “Laws”), including, without limitation, compliance with any applicable zoning ordinance; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the propertyProperty; (viv) existence in, on, under, or over the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence Property of any view from the property or that any existing view will not be obstructed in the futureHazardous Materials (defined below); or (ixvi) any other matter with respect to the propertyProperty. Additionally, and specifically, without limitation, that seller has not made, does not no person acting on behalf of Seller is authorized to make, and specifically disclaims by execution of this Agreement Purchaser acknowledges that no person has made, any representation regarding compliance with the Americans with Disabilities Act or with any environmental protectionrepresentation, pollution or land use lawsagreement, rulesstatement, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r.warranty, part 261)guaranty, or promise regarding the disposal or existence of any type or kind of hazardous substance in or on the propertyProperty, such as mold/fungusand no representation, radonwarranty, leadagreement, asbestosguaranty, landfills, aldehydes/chemicals, pesticides, by-products of methamphetaminesstatement, or storage promise, if any, made by any person acting on behalf of Seller shall be valid or binding on Seller unless expressly set forth in this Agreement or in any type of the Closing documents. “Hazardous Materials” means any substance that is or contains (A) any “hazardous waste substance” as now or substances AND as hereafter defined by in §101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 19801980 (CERCLA), as amendedamended (42 USC 9601 et seq.), or any regulations promulgated under CERCLA; (B) any “hazardous waste” as now or hereafter defined in the Resource Conservation and Recovery Act (RCRA) (42 USC 6901 et seq.) or regulations thereunderpromulgated under RCRA; (C) any substance regulated by the Toxic Substances Control Act (TSCA) (15 USC 2601 et seq.); (D) gasoline, diesel fuel, or other petroleum hydrocarbons; (E) asbestos and asbestos-containing materials in any form, whether friable or nonfriable; (F) polychlorinated biphenyls; (G) radon gas; and (H) any additional substances or materials that are now or hereafter classified or considered to be hazardous or toxic under any Laws.

Condition of Property. SAMPLE A. The property will Buyer(s) understands that the Seller acquired the Property by Foreclosure, Deed-In-Lieu of Foreclosure, forfeiture, tax sale or similar process and consequently the Seller has little or no direct knowledge concerning the condition of the Property. As a material part of the consideration to be sold received by the Seller under the Agreement as negotiated and agreed to by the Buyer on an "AS-Buyer(s) and the Seller, the Buyer(s) acknowledges and agrees to accept the Property in “AS IS” condition at the time of closing including without limitation, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and any hidden defects of or environmental conditions affecting the property Property, whether known or unknown, presently existing whether such defects or that may hereafter ariseconditions were discoverable through inspection or not. Buyer The Buyer(s) acknowledges and agrees that the Seller and the Agents its agents, brokers and representatives have not made, does not make and the Seller specifically negates and disclaims disclaims, any representations, warranties, promises, covenants, agreements Agreements or guarantees of any kind guarantees, implied or character whatsoever, whether expressed or impliedexpress, oral or written, past, present or future, or concerning to or with respect to: : (i) The physical condition or any other aspect of the valueProperty including, naturebut not limited to, the structural integrity or the quality or condition character of materials used in construction of any improvements, availability and quantity of quality of water, stability of the propertysoil, including without limitation: lease susceptibility to landslide or rent information; noise disturbances; waste and/or septic disposal systems; marked flooding, sufficiency of drainage, water leaks, water damage, mold or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city any other matter affecting the stability or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage integrity of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; the Property; (ii) the income to be derived from the property; (iii) the suitability The conformity of the property for Property to any and all activities and uses which buyer may conduct from there; (iv) the zoning, land use or building code requirements or compliance of by the property or its operation with any laws, statues, rules, ordinances, ordinances or regulations of any federal, state or local governmental authority authority, or body; the granting of any required permits or approvals, if any, of any governmental bodies that had jurisdiction over the construction of the original structure, any improvements and/or any remodeling of the structure; (viii) the The habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the propertyProperty, including redhibitory vices and defects, apparent or non-apparent or latent, that now exist or may hereafter exist and that, if known to Buyer(s), would cause Buyer(s) to refuse to purchase the Property; and (viiv) The existence, location, size or condition of any outbuildings or sheds on the manner Property. SAMPLE B. Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to in the Agreement as “Mold”) are environmental conditions that are common in residential Property and may affect the Property. Mold in some forms, has been reported to be toxic and to cause serious physical injuries, including but not limited to, allergic and/or respiratory reactions or quality other problems, particularly in young children, elderly persons, persons with immune system problems, allergies or respiratory problems, and pets. Mold has also been reported to cause extensive damage to personal and real Property. Xxxxx(s) is advised to thoroughly inspect the Property for Mold. Mold may appear as discolored patches or cottony or speckled growth on walls, furniture, or floors, behind walls and above ceilings. Any and all presence of moisture, water stains, mildew odors, condensation and obvious Mold growth are all possible indicators of a Mold condition, which may or may not be toxic. Mold may have been removed or covered in the course of any cleaning or repairing of the Property. Buyer(s) acknowledges that, if Seller or any of Seller’s employees, contractors, representatives, broker, or agents cleaned or repaired the Property or remediated the Mold contamination, that Seller does not in any way warrant the cleaning, repairs, or remediation, or that the Property is free of Mold. Buyer(s) is further advised to have the Property thoroughly inspected for Mold, any hidden defects and/or environmental conditions or hazards affecting the Property. Buyer(s) is also advised that all areas contaminated with Mold should be properly and thoroughly remediated. Buyer(s) represents and warrants that: (i) Buyer(s) accepts full responsibility and liability for all hazards, and Claims that may result from the presence of Mold in or around the Property; (ii) If Buyer(s) proceeds to close on the purchase of the Property, then Buyer(s) has inspected and evaluated the condition of the Property to Buyer(s) complete satisfaction, and Buyer(s) is satisfied with the condition of the Property notwithstanding the past or present existence of Mold in or around the Property; and (iii) Buyer(s) has not in any way relied upon any representations or warranties of Seller or Seller’s employees, officers, directors, contractors, representatives, broker, or agents concerning the past or present existence of Mold or any environmental hazards in or around the Property. In the event the Property is affected by an environmental hazard, either Party may terminate the Agreement. In the event the Seller decides to sell the Property to the Buyer(s) and the Buyer(s) agrees to purchase the Property (as evidenced by Xxxxx(s) and Seller proceeding to close) despite the presence of an environmental hazard, the Buyer(s) releases the Seller and the Indemnified Parties from any Claims arising out of or relating in any way to the environmental hazard or conditions of the Property, and Buyer(s) agrees to also execute an additional general release at closing, in a form acceptable to Seller, related to the environmental hazard. In the event the Buyer(s) elects not to execute the additional release, Seller may, at the Seller’s sole discretion, terminate the Agreement upon notice given to Buyer(s). If Xxxxx(s) elects to proceed with the closing, Xxxxx(s) waives and forever releases the Indemnified Parties arising out of the environmental condition of the Property. In the event the Seller has received official notice that the Property is in violation of building codes or similar laws or regulations, the Seller may terminate the Agreement or delay the date of closing, or the Buyer(s) may terminate the Agreement. In the event the Agreement is terminated by either Buyer(s) or Seller pursuant to this Section 10(B)(iii), any xxxxxxx money deposit will be returned to the Buyer(s). If there is an enforcement proceeding arising from allegations of such violations before an enforcement board, special master, court or similar enforcement body, and neither the Buyer(s) nor the Seller terminate the Agreement, the Buyer(s) agrees (A) to accept the Property subject to the violations and (B) to be responsible for compliance with the applicable code and with orders issued in any code enforcement proceedings. Xxxxx(s) agrees to execute for closing any and all documents necessary or required by any agency with jurisdiction over the Property and to resolve the deficiencies as soon as possible after the closing. (iv) The Closing of this sale shall constitute acknowledgement by the Buyer(s) that Buyer(s) had the opportunity to retain an independent, qualified professional to inspect the Property and that the condition of the Property is acceptable to the Buyer(s) at the time of Closing. The Buyer(s) agrees that Seller and the Indemnified Parties shall have no liability for any Claims that the Buyer(s) or the Buyer(s) successors or assigns may incur as a result of construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property other defects that may now or that any existing view will not be obstructed in the future; or (ix) any other matter hereafter exist with respect to the propertyProperty. The Seller may be exempt from filing a disclosure statement regarding the condition of the Property because the Property was acquired through foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, eminent domain, or similar process. To the fullest extent allowed by law, Xxxxx(s) waives any right to receive a disclosure statement from Seller, and specificallyXxxxx(s) agrees to execute a separate waiver, without limitationin a form acceptable to Seller, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with if the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by law requires the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance waiver to be in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.a separate form. SAMPLE

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that except for the express representations made by Seller in this Agreement or in any document provided at Closing, Buyer shall accept the Property in “AS IS, WHERE IS CONDITION, WITH ALL FAULTS.” Except for the express representations made by Seller in this Agreement or in any document provided at Closing, Buyer hereby acknowledges that it shall not be entitled to, and the Agents have not made, does not make and specifically negates and disclaims any representationswill not, warranties, promises, covenants, agreements rely on Seller or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning its agents as to or with respect to: (i) the valuequality, nature, quality adequacy or physical condition of the propertyProperty including, including without limitation: lease but not limited to, the structural elements, foundation, roof, appurtenances, access, landscaping, parking facilities or rent information; noise disturbances; waste and/or septic disposal the electrical, mechanical, HVAC, plumbing, sewage or utility systems; marked , facilities or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well waterappliances at the Property, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentsif any; (ii) the income to be derived from quality, nature, adequacy or physical condition of soils or ground water at the property; Property, (iii) the suitability existence, quality, nature, adequacy or physical condition of the property for any and all activities and uses which buyer may conduct from thereutilities serving the Property; (iv) the compliance development potential of by the property or its operation with Property for any laws, rules, ordinances, or regulations of any governmental authority or bodyparticular purpose; (v) the habitability, merchantability, marketability, profitability, zoning or fitness for a particular purpose other legal status of the propertyProperty; (vi) the manner Property or quality its respective operations’ compliance with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions or restrictions of the construction any governmental or materials, if any, incorporated into the propertyquasi- governmental entity or of any other person or entity; (vii) the manner, quality, state quality of repair of any labor or material relating in any way to the propertyProperty; (viii) except as otherwise set forth in this Agreement, the existence condition of title to the Property or the nature, status and extent of any view from recorded right, encumbrance, license, reservations, covenant, condition, restriction or any other matter affecting title to the property Property; (ix) intentionally omitted; (x) the presence of any underground or that any existing view will not be obstructed in the futureaboveground tanks, pits, sumps, drums or other containers; or (ixxi) the existence or nature of any other matter with respect to environmental condition(s) at the propertyProperty involving any and all hazardous or toxic materials, and specificallysubstances, pollutants, contaminants or waste currently defined as a “hazardous waste”, “hazardous substance”, “toxic substance”, “waste”, “pollutant”, “contaminant” or any word of similar import under any Environmental Laws, including, without limitation, that seller has not madeoil, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261)petroleum, or the disposal any petroleum derived substance or existence of any type waste, microbial matter, asbestos or kind of hazardous substance in or on the propertyasbestos-containing materials, such as mold/fungusPCBs, radonexplosives, leadradioactive materials, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetaminesdioxins, or storage of any type of hazardous waste or substances AND as defined by urea formaldehyde insulation (collectively, “Hazardous Substances”). As used herein, “Environmental Laws” shall include, without limitation, the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980Act, as amended, 42 U.S.C. § 9601, et seq., the Resource Conservation and regulations thereunderRecovery Act, 42 U.S.C. § 6901, et seq., the Clean Air Act, 42 U.S.C. § 7401, et seq., the Clean Water Act, 33 U.S.C. § 1251, et seq., the Toxic Substance Control Act, 15 U.S.C. § 2601, et seq., and the Occupational Safety and Health Act, 29 U.S.C. § 651, et seq., as any of the preceding have been amended prior to the date hereof, and any other federal, state, or local law, ordinance, regulation, rule, order, decision or permit relating to the protection of the environment or of human health from environmental effects of Hazardous Substances and which are applicable to the Property. The restrictions contained herein are acknowledged to touch and concern the land, are intended to run with the Property and shall survive the Closing and delivery of the deed hereunder for a period of twelve (12) months.

Condition of Property. The property will be sold by the Notwithstanding any other provision contained herein, it is understood and agreed that Seller is not making and has not at any time made any warranties or representations of any kind or character, express or implied, with respect to the Property, including, but not limited to, any warranties or representations as to habitability, merchantability, fitness for a particular purpose, title, leasing, zoning, tax consequences, latent or patent physical condition, utilities, operating history or projections, valuation, governmental approvals, or the compliance of the Property with laws. Xxxxx acknowledges and agrees that at the Closing, Seller shall sell and convey to Buyer on an "AS-and Xxxxx shall accept the Property “AS IS, WHERE-IS and WHERE IS, WITH ALL FAULTS" basis”. Buyer has not relied and will not rely on, and Seller is not liable for or bound by, any express or implied warranties, guaranties, statements, representations, or information pertaining to the Property or relating thereto made or furnished by Seller, or any agent representing or purporting to represent Seller, to whomever made or given, directly or indirectly, orally or in writing. Buyer represents to Seller that Xxxxx accepts all faults and defects has conducted such investigations of the property whether Property, including but not limited to the physical and environmental condition thereof, as Buyer deems necessary to satisfy itself as to the condition of the Property. At the Closing, Buyer shall be deemed to have waived, relinquished, and released Seller (and Seller’s officers, directors, employees, and agents) from and against any and all claims, demands, causes of action (including causes of action in tort), losses, damages, liabilities, costs, and expenses (including attorneys’ fees and court costs) of any and every kind or character, known or unknown, presently existing which Buyer might have asserted or that may hereafter arise. Buyer acknowledges alleged against Seller (and agrees that the Seller Seller’s officers, directors, employees, and the Agents have not made, does not make and specifically negates and disclaims agents) at any representations, warranties, promises, covenants, agreements time by reason of or guarantees arising out of any kind latent or character whatsoeverpatent physical conditions, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition violations of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; applicable laws and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any lawsother acts, rulesomissions, ordinancesevents, circumstances, or regulations of any governmental authority or body; (v) matters regarding the habitability, merchantability, marketability, profitability, or fitness Property. Xxxxxx and Xxxxx acknowledge that the compensation to be paid to Seller for a particular purpose of the property; (vi) Property considers that the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect Property is being sold subject to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.rprovisions of this section 7., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer (a) Purchaser acknowledges and agrees that the Seller and the Agents have has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or futurefuture (other than as expressly provided by this Agreement) of, or as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentsImprovements; (ii) the income to be derived from the propertyPersonal Property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from thereIntangible Property; (iv) the compliance value of by the property or its operation with any lawsProperty, rulesthe financial condition of the Property, ordinancesthe income potential of the Property, and/or the revenues and expenses generated by, or regulations of any governmental authority associated with, the Property or bodyotherwise relating to the Property; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose matters of the propertytitle; (vi) the manner nature, condition or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the propertyProperty, including, without limitation, the water, soil, air (including air quality), and geology (including, without limitation, geological conditions, including, but not limited to, subsidence, subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal of water and earthquake faults and the resulting damage or past and/or future earthquakes); (vii) whether, and to the extent to which, the Property or any portion thereof is affected by any stream (surface or underground), body of water, flood prone areas, flood plain, floodway or special flood hazard; (viii) any environmental matters or conditions relating to the Property, including, without limitation: (A) the compliance of the Property with Environmental Requirements (as hereinafter defined); and (B) whether any environmental conditions may exist in, on, upon, under, above, or in the vicinity of the Property, including, without limitation, whether radon, asbestos, other Hazardous Materials (as hereinafter defined) or other toxic substances are present in, on, upon, under, above, or in the vicinity of the Property or pertaining to the extent, location or nature of same; (ix) drainage; (x) soil conditions, including the existence of instability, past soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the sufficiency of any view from under-shoring; (xi) the property availability of any utilities to the Property or that any existing view will not be obstructed in portion thereof including, without limitation, water, sewage, gas and electric; (xii) the futureusages of adjoining property; (xiii) access to the Property or any portion thereof; (ixxiv) the compliance with the plans and specifications of the Property; (xv) the size, location, age, use, design, quality, description, suitability, structural integrity, operation, or physical condition of the Property or any portion thereof; (xvi) any liens, encumbrances, rights or claims on or affecting or pertaining to the Property or any part thereof; (xvii) the condition or use of the Property or compliance of the Property with any or all past, present or future federal, state or local laws, rules, regulations, codes or ordinances (including, without limitation, any applicable zoning, building, fire or development laws, rules, regulations, codes or ordinances) applicable to the Property; (xviii) the existence or non-existence of underground storage tanks; (xix) any other matter with respect affecting the stability or integrity of the Property; (xx) the potential for further development of the Property; (xxi) the existence of vested land use, zoning or building entitlements affecting the Property; (xxii) the merchantability of the Property or fitness or suitability of the Property for any particular purpose or use (Purchaser affirming that Purchaser has not relied on Seller's skill or judgment to select or furnish the propertyProperty for any particular purpose or use, and specificallythat Seller makes no warranty that the Property is fit or suitable for any particular purpose or use); (xxiii) tax consequences (including, without limitation, that seller the amount of, use of, or provisions relating to any tax credits); (xxiv) any other fact or condition which has or might affect the Property or the condition, state of repair, compliance, value, expense of operation or income potential of the Property or any portion thereof; or (xxv) the transactions contemplated by this Agreement. Additionally, Purchaser hereby acknowledges that, except for the representations expressly set forth in Paragraph 6(a), Purchaser has not relied upon, and will not rely upon, either directly or indirectly, any information, representation or warranty of Seller, any of the other Seller Parties (as defined in Paragraph 7(d) below), and/or CBRE, Inc. ("Seller's Broker"), including, without limitation, the Due Diligence Materials (as defined below), and Purchaser further acknowledges that no such representations or warranties have been made, and Seller does not make, and specifically hereby expressly disclaims, any representation or warranty as to (i) the truth, accuracy or completeness of any materials, data or other information supplied to Purchaser (including, without limitation, the Due Diligence Materials) (e.g., that such materials are complete, accurate or the final version thereof, or that such materials are all of such materials as are in Seller's possession), and (ii) the methodology of preparation or otherwise concerning the contents of such materials, data and other information. Except as may otherwise be expressly provided herein, it is the Parties' express understanding and agreement that such materials, data and other information are provided only for Purchaser's convenience and accommodation. Except as expressly provided herein, Purchaser expressly disclaims any representation regarding compliance intent to rely on any such materials, data and information provided to it and agrees that it shall rely solely on its own independently developed or verified information. Further to the foregoing, Purchaser represents that it is a knowledgeable, experienced and sophisticated purchaser of real estate and that, except for Seller's representations and warranties in this Agreement (during the period the same survive), it is relying solely on its own expertise and that of Purchaser's consultants in purchasing the Property. Prior to entering into this Agreement, Purchaser had the opportunity to conduct Purchaser's own due diligence and investigations with respect to the Property and other related matters determined by Purchaser. Purchaser's obligations under this Agreement are not contingent on any further due diligence and/or investigation. Further Purchaser acknowledges that, except for Seller's representations and warranties in this Agreement (during the period the same survive), it shall rely solely on its own independent investigations and inspections of the Property, which have all been completed to date. Upon Closing, Purchaser shall assume the risk that adverse matters, including but not limited, adverse physical and environmental conditions, may not have been revealed by Purchaser's inspections and investigations. Purchaser acknowledges and agrees that upon Closing, Seller shall sell and convey to Purchaser and (except for Seller's representations and warranties expressly made in this Agreement, during the period the same survive) Purchaser shall accept the Property on an "AS IS, WHERE IS" and "WITH ALL FAULTS" basis. Purchaser further acknowledges and agrees that there are no oral agreements, warranties or representations, collateral to or affecting the Property by Seller or any of the other Seller Parties. Seller is not liable or bound in any manner by any oral or written statements, representations, or information pertaining to the Property furnished by Seller's Broker or any other real estate broker, agent, employee, servant or other person, unless the same are specifically set forth or referred to in this Agreement. Purchaser acknowledges that the Purchase Price reflects the "as is" nature of this sale and any faults, liabilities, defects or other adverse matters that may be associated with the Americans Property. Purchaser has fully reviewed the disclaimers, waivers, releases and relinquishments set forth in this Agreement with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by its counsel and understands the U.S. Environmental Protection Agency regulations at 40 c.f.rsignificance and effect thereof., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold Buyer hereby acknowledges Xxxxx’s obligation to perform due diligence in regard to this transaction as well as the condition of the Property, and agrees that an inspection of the Property has been made by Buyer, that the purchase is based upon such inspection and such additional independent investigation as Xxxxx has chosen to make, and not by or through any representations made by Seller to or Agent. Buyer agrees that Buyer is acquiring the Buyer on an "AS-ISProperty “as is”, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts “where is”, with all faults and defects of the property defects, latent and patent, whether known or known, unknown, presently existing disclosed, or that may hereafter arise. Buyer undisclosed by Seller, and Xxxxx acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and Seller hereby specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present present, or future, or of, as to, concerning to or with respect to: to (ia) the valuehabitability, naturemerchantability, quality or condition fitness of a particular purpose of the property, including without limitation: lease Property or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; part thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (ivb) the compliance of or by the property Property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or bodybody having jurisdiction including, without limitation, all applicable zoning laws or other land use regulations including those, without limitation, permitting and certificates of occupancy; (vc) the habitabilitynature, quality, or condition of the Property, including, without limitation, water, soil, and geology, or the presence or absence of any pollutant, mold, lead-based paint, radon, hazardous or toxic substance or material, hazardous or solid waste, termites or other wood destroying organism or any other type of insects, underground or above ground storage tank system, or any other contamination or environmental condition on, in, under, or about the Property; (d) the suitability of the Property for any and all activities and uses which Buyer may intend to conduct thereon; (e) any income to be derived from the Property; (f) the marketability, merchantability, marketabilityage, profitabilityquality, state of repair, or fitness for a particular purpose of the property; (vi) the manner any items of personal Property that may or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will may not be obstructed located upon the Property, including, without limitation, any HVAC, cooking, refrigerating, dishwashing, plumbing, or electrical apparatus or equipment boilers, engines, motors, generating equipment, piping or plumbing fixtures, underground or above ground storage tank systems, ventilating or vacuum cleaning systems, irrigation systems, fire alarms, fire extinguishing apparatus, security systems, telephone systems, telephone jacks, cable jacks, gas and electric fixtures, elevators, mantels, built-in the futuremirrors, screens, storm sashes, awnings, carpeting, under padding or drapes; or (ixg) any other matter related to or concerning the Property or any items of personal property which may or may not be located thereon. Buyer shall not seek recourse against Seller on account of any loss, cost, or expense suffered or incurred by Xxxxx with respect regard to any of the matters described in above and hereby assumes the risk of any adverse matters related to the propertymatters described above from and after the date of closing. In addition, and specificallywithout limiting the foregoing, Seller specifically makes no representations as to the existence, suitability, or the working condition of, of any system including but not limited to electric, gas, water, (public or well), septic (public or private), cable, internet, or the status of any available permits or approvals related thereto. Buyer hereby expressly waives any and all claims for damages or rescission of this contract due to any representations made by Seller or Agent, except such representations as may be contained in this contract. THE PROPERTY SHALL BE TRANSFERRED TO AND ACCEPTED BY ANY BUYER IN AS-IS CONDITION WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN AND FREE OF ANY AND ALL LIENS, ENCUMBRANCES, SECURITY AGREEMENTS OR OTHER FINANCING DEVICES, EXCEPT AS EXPRESSLY ALLOWED HEREIN. Seller and Agent each makes no representations or warranties of any kind as to the suitability of the Property for any purpose whatsoever or as to the physical condition thereof (including, without limitation, environmental condition) or otherwise. It is expected that seller has not made, does not makeBuyer will rely on its own inspection to determine the condition of the Property, and specifically disclaims will not rely on any statement or representation regarding compliance with the Americans with Disabilities Act of Seller, or with any environmental protection, pollution or land use laws, rules, orders or requirements; Seller’s agents (including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261Agent), representatives or consultants with respect thereto. Xxxxx agrees to accept the disposal or existence Property without recourse against Seller of any type kind under applicable laws and regulations. By acceptance of the deed to the Property, Xxxxx shall have released and waived any claim against or kind rights of hazardous substance in contribution against Seller or on Agent under any Environmental Law for environmental conditions at the propertyProperty that may exist as of the closing date and such release and waiver shall survive the closing and the transfer of title to the Real Property. For purposes hereof, such as mold/fungus“Environmental Laws” includes, radonwithout limitation, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amendedamended (42 U.S.C. § 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 108, et. seq.), the Resource Conservation and regulations thereunderRecovery Act, as amended (42. U.S.C. § 6901, et. seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et seq.), the Clean Water Act, as amended (33 U.S.C. § 1251, et. seq.), and/or any corresponding state law and the regulations, rules, ordinances, decisions, orders, or determinations of a judicial or governmental entity.”

Condition of Property. The property will be sold by (a) Purchaser acknowledges that it is an experienced and sophisticated purchaser of commercial real estate projects such as the Seller Property and that, prior to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects end of the property whether known Study Period, it will conduct and rely on its own investigations, examinations, inspections and analysis of the Property as Purchaser, in its absolute discretion, may deem appropriate. Purchaser further acknowledges that, except for Seller Representations, Purchaser has not relied upon any statements, representations or unknown, presently existing warranties by Seller or that may hereafter arise. Buyer acknowledges and any agent of Seller. (b) Purchaser agrees that the Property shall be sold and that Purchaser shall accept possession of the Property strictly on an “as is, where is, with all faults” basis, with no right of set-off or reduction in the Purchase Price, and that, except for the Seller and the Agents have not madeRepresentations, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements such sale shall be without representation or guarantees warranty of any kind or character whatsoeverkind, whether expressed express or implied, oral or writtenincluding any warranty of income potential, pastoperating expenses, present or futureuses, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, merchantability or fitness for a particular purpose purpose, and Seller does hereby disclaim and renounce any such representation or warranty. Purchaser specifically acknowledges that except for the Seller Representations, Purchaser is not relying on any representations or warranties of any kind whatsoever, express or implied, from Seller, or any broker or other agents as to any matters concerning the Property including: (1) the condition or safety of the property; (vi) the manner Property or quality of the construction or materialsany improvements thereon, including plumbing, sewer, heating and electrical systems, roofing, air conditioning, if any, incorporated into foundations, soils and geology, lot size, or suitability of the propertyProperty for a particular purpose; (vii2) whether the appliances, if any, plumbing or utilities are in working order; (3) the mannerhabitability or suitability for occupancy of any structure and the quality of its construction; (4) the fitness of any Personal Property; (5) whether the Improvements are structurally sound, qualityin good condition, or in compliance with applicable city, county, state or federal statutes, codes or ordinances; (6) the condition of repair title to the Property; (7) the profitability or losses or expenses relating to the Property; (8) the legal or tax consequences of this agreement or the transactions contemplated hereby; (9) the possible presence of Hazardous Materials in, under or near the Property; and (10) the completeness or accuracy of any information provided to Purchaser by Seller or its agents. Purchaser understands the legal significance of the property; (viii) the existence of any view from the property or foregoing provisions and acknowledges that any existing view will not be obstructed in the future; or (ix) any other matter with respect they are a material inducement to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.rSeller’s willingness to enter into this Agreement., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer BUYER acknowledges and agrees for itself and its successors and assigns (i) that it has inspected and is thoroughly familiar with the Seller Property and its physical aspects and is acquiring the Agents have Property in its “as is” condition, (ii) that BUYER assumes the responsibility and risks of all defects to and conditions in the Property, including defects and conditions, if any, that cannot madebe observed by inspection, does (iii) that SELLER has not make made and specifically negates and disclaims any representations, warranties, promises, covenants, agreements makes no representations or guarantees warranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) to acreage or the value, nature, quality or condition of the propertyProperty or its fitness, including without limitation: lease suitability or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property acceptability for any and all activities and uses which buyer may conduct from thereparticular use or purpose; (iv) the compliance of by the property that SELLER shall not be liable for any latent or its operation with any lawspatent defects therein, rules, ordinances, or regulations of any governmental authority or body; (v) SELLER is selling the habitabilityProperty by the tract or parcel only, merchantabilityit being understood and agreed that the acreage of the Property is not guaranteed or warranted in any way by SELLER, and (vi) that SELLER shall have no obligation to repair or make any improvements to the condition of the Property prior to Closing. By purchasing the Property, BUYER acknowledges and agrees for itself and its successors and assigns (i) that it has been given a reasonable opportunity to inspect and to investigate the Property and the timber thereon either independently or through agents of BUYER’S choosing, (ii) that any information, whether written or oral, or in the form of maps, surveys, cruise data, inventory information, plats, soil reports, engineering studies, environmental studies, inspection reports, plans, specifications, or any other information whatsoever, without exception, pertaining to the Property and the timber thereon, any and all other matters concerning the condition, suitability, integrity, marketability, profitabilitycompliance with law, or fitness for a particular purpose other attributes or aspects of the property; Property and the timber thereon, is furnished to BUYER solely as a courtesy, that neither SELLER nor its representatives have warranted or verified the accuracy of any statements or other information therein contained nor the qualifications of the persons preparing such information, (iii) that access is not guaranteed by SELLER and that BUYER is responsible for determining access to the Property, including, contacting any responsible government agencies regarding access permits, restrictions or existing hazards, (iv) that mineral rights will not be included if not currently owned by SELLER, (v) that BUYER is also responsible for evaluating whether the Property is suitable for BUYER’S intended purpose and any and all environmental, land use, regulatory and other constraints relating to the use of the Property or the harvest of timber therefrom, (vi) the manner or quality of the construction or materialsthat BUYER shall be solely responsible for obtaining all permits and licenses, if any, incorporated into required of or by BUYER to carry on its intended operations or activities on the property; Property, and (vii) that BUYER is responsible for determining the mannerexistence or nonexistence of access or from the Property or any portion thereof, qualitywhether the Property or any portion thereof is within any flood plain, state flood prone area, watershed or “wetlands” area, the availability of repair water, sewer, electrical, gas, or other utility services or the amount and type of timber on the Property. Without limiting the generality of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the propertyforegoing, and specificallySELLER EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO THE PROPERTY, without limitationINCLUDING, that seller has not madeWITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, does not makeFITNESS FOR A PARTICULAR PURPOSE AND SUITABILITY FOR BUYER’S INTENDED USE AS WELL AS ANY WARRANTY WHATSOEVER WITH RESPECT TO THE MARKETABILITY, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protectionHARVESTABILITY, pollution or land use lawsAGE, rulesSPECIES MIX, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.rSITE CLASSIFICATION, BOUNDARIES OF THE TIMBER OR THE PROPERTY, QUANTITIES, GRADES, OR QUALITY OF ANY TIMBER OR MINERALS ON THE PROPERTY, PRESENCE OR ABSENCE OF THREATENED OR ENDANGERED SPECIES OR HAZARDOUS MATERIALS OR THE AVAILABILITY OR ADEQUACY OF ACCESS TO THE PROPERTY. 8., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller seller to the Buyer buyer on an "AS-IS, WHEREHOW-IS and WITH ALL FAULTS" basis. Xxxxx Buyer accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or or, as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: ; lease or rent information; , noise disturbances; , waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; , city or well water, water either availability, connectivity availability and or connected or purity of; of , timber; , soil; , earth; , rock; , caverns; , sinkholes; , wood destroying organisms or infestations; , geology; , utilities either availability connected or connectivity; availability, acreage of parcel; square , sq. footage or condition of structure; , any improvements; improvements and all photographs; , age; , any measurements; measurements and working or non-non working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from therethere from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans American with Disabilities Act disabilities act or with any environmental protection, pollution or land use laws, rules, orders or requirements; , including solid waste (as defined by the U.S. Environmental Protection Agency environmental protection agency regulations at 40 c.f.r., part 261), or the disposal or existence existence, in or on the property, of any type or kind of hazardous substance in or on the property, such as mold/mold / fungus, radon, lead, asbestos, landfills, aldehydes/aldehydes / chemicals, pesticides, by-by products of methamphetamines, methamphetamines or storage of any type of hazardous waste or substances AND (as defined by the Comprehensive Environmental Response, Compensation, comprehensive environmental response compensation and Liability Act liability act of 1980, as amended, and regulations thereunderthere under).

Condition of Property. The property will be sold Buyer acknowledges that no warranties or representations other than those set forth in this Agreement have been made by Seller, and that Seller shall have no liability for breaches of representations and warranties and covenants concerning the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter ariseProperty Conditions (defined below) except as expressly set forth in this Agreement. Buyer specifically acknowledges and agrees that Buyer is aware that the Seller Property has been used to house a pest control business, and the Agents customary materials and substances incidental thereto, for many years and that pesticides, fumigants and similar substances and chemicals customarily used in pest control operations have been discharged on the Property. Except for any warranties and representations and covenants set forth in this Agreement, Buyer is purchasing the Property on an “as is with all faults” basis and except as set forth in this Agreement, Buyer is not made, does not make and specifically negates and disclaims relying on any representations, warranties, promises, covenants, agreements warranties or guarantees representations of any kind or character whatsoever, whether expressed express or implied, oral or writtenfrom Seller, pastits officers, present or futuredirectors, or partners, employees, agents, and contractors as to any matters concerning to or with respect tothe Property, including, without limitation: (i) the valuequality, nature, quality or adequacy, and physical condition of the propertysoils, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well watergeology, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; and any improvements; all photographs; age; any measurements; groundwater and working or non-working componentsadjacent rivers; (ii) the income existence, nature or adequacy of ingress and egress to be derived from the propertyProperty; (iii) the suitability existence, nature or adequacy of utilities serving the property for any Property, including without limitation water, sewer, electric, gas, phone and all activities and uses which buyer may conduct from therecable service; (iv) the compliance nature, adequacy and quality of by drainage on the property or its operation with any lawsProperty, rules, ordinances, or regulations including the occurrence of any governmental authority flooding, and the presence or bodyadequacy of any sloughs or levees; (v) the habitabilitycondition, merchantability, marketability, profitability, size or fitness for a particular purpose adequacy of improvements on the propertyProperty (if any); (vi) the manner present or quality future zoning or other legal status of the construction Property or materials, if any, incorporated into any other private restrictions on use of the propertyProperty; (vii) the manner, quality, state of repair compliance of the propertyProperty or its construction, development or operation with any applicable codes, laws, regulations, statutes, ordinances, covenants, conditions and restrictions of any governmental or quasi-governmental entity or of any other Person or entity; (viii) the existence development potential of the Property, and the Property’s use, habitability, merchantability or fitness, or the suitability, value or adequacy of the Property for any view purpose; (ix) the presence of Hazardous Materials at, on, under or about the Property, or adjoining or neighboring property; (x) the condition of title to the Property; and (xi) the economics of operation of the Property (collectively, all of the foregoing shall be hereinafter returned referred to as the “Property Conditions”). Buyer represents that Buyer is a knowledgeable purchaser of real estate and that Buyer is relying solely on Buyer’s own expertise and that of Buyer’s consultants and advisors and is making and relying upon its own inspections of all aspects of the Property. Except as expressly set forth in this Agreement, Buyer hereby waives, releases, acquits and forever discharges Seller, Seller’s officers, directors, employees, agents, partners, and any other persons acting on or in behalf of Seller, and the heirs, successors and assigns of each of the foregoing, of and from the property any and all claims, liabilities, obligations, demands, actions, causes of action, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or unforeseen, that any existing view will not be obstructed it now has, or which may arise in the future; , on account of or (ix) in any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance way growing out of or connected with the Americans with Disabilities Act or with any environmental protectionProperty Conditions. Buyer expressly waives the benefits of California Civil Code Section 1542, pollution or land use lawswhich provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, rules, orders or requirements; including solid waste (as defined by WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” The provisions of this section shall survive the U.S. Environmental Protection Agency regulations at 40 c.f.rClosing., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-by- products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold Buyer hereby acknowledges Xxxxx’s obligation to perform due diligence in regard to this transaction as well as the condition of the Property, and agrees that an inspection of the Property has been made by Buyer, that the purchase is based upon such inspection and such additional independent investigation as Xxxxx has chosen to make, and not by or through any representations made by Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basisor Agent. Xxxxx accepts agrees that Xxxxx is acquiring the Property “as is”, “where is”, with all faults and defects of the property defects, latent and patent, whether known or known, unknown, presently existing disclosed, or that may hereafter arise. Buyer undisclosed by Xxxxxx, and Xxxxx acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and Seller hereby specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present present, or future, or of, as to, concerning to or with respect to: to (ia) the valuehabitability, naturemerchantability, quality or condition fitness of a particular purpose of the property, including without limitation: lease Property or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentspart thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (ivb) the compliance of or by the property Property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or bodybody having jurisdiction including, without limitation, all applicable zoning laws or other land use regulations including those, without limitation, permitting and certificates of occupancy; (vc) the habitabilitynature, quality, or condition of the Property, including, without limitation, water, soil, and geology, or the presence or absence of any pollutant, mold, lead-based paint, radon, hazardous or toxic substance or material, hazardous or solid waste, termites or other wood destroying organism or any other type of insects, underground or above ground storage tank system, or any other contamination or environmental condition on, in, under, or about the Property; (d) the suitability of the Property for any and all activities and uses which Buyer may intend to conduct thereon; (e) any income to be derived from the Property; (f) the marketability, merchantability, marketabilityage, profitabilityquality, state of repair, or fitness for a particular purpose of the property; (vi) the manner any items of personal Property that may or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will may not be obstructed located upon the Property, including, without limitation, any HVAC, cooking, refrigerating, dishwashing, plumbing, or electrical apparatus or equipment boilers, engines, motors, generating equipment, piping or plumbing fixtures, underground or above ground storage tank systems, ventilating or vacuum cleaning systems, irrigation systems, fire alarms, fire extinguishing apparatus, security systems, telephone systems, telephone jacks, cable jacks, gas and electric fixtures, elevators, mantels, built-in the futuremirrors, screens, storm sashes, awnings, carpeting, under padding or drapes; or or (ixg) any other matter related to or concerning the Property or any items of personal property which may or may not be located thereon. Buyer shall not seek recourse against Seller on account of any loss, cost, or expense suffered or incurred by Xxxxx with respect regard to any of the matters described in above and hereby assumes the risk of any adverse matters related to the propertymatters described above from and after the date of closing. In addition, and specificallywithout limiting the foregoing, Seller specifically makes no representations as to the existence, suitability, or the working condition of, of any system including but not limited to electric, gas, water, (public or well), septic (public or private), cable, internet, or the status of any available permits or approvals related thereto. Buyer hereby expressly waives any and all claims for damages or rescission of this contract due to any representations made by Seller or Agent, except such representations as may be contained in this contract. THE PROPERTY SHALL BE TRANSFERRED TO AND ACCEPTED BY ANY BUYER IN AS-IS CONDITION WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN AND FREE OF ANY AND ALL LIENS, ENCUMBRANCES, SECURITY AGREEMENTS OR OTHER FINANCING DEVICES, EXCEPT AS EXPRESSLY ALLOWED HEREIN. Seller and Agent each makes no representations or warranties of any kind as to the suitability of the Property for any purpose whatsoever or as to the physical condition thereof (including, without limitation, environmental condition) or otherwise. It is expected that seller has not made, does not makeBuyer will rely on its own inspection to determine the condition of the Property, and specifically disclaims will not rely on any statement or representation regarding compliance with the Americans with Disabilities Act of Seller, or with any environmental protection, pollution or land use laws, rules, orders or requirements; Seller’s agents (including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261Agent), representatives or consultants with respect thereto. Xxxxx agrees to accept the disposal or existence Property without recourse against Seller of any type kind under applicable laws and regulations. By acceptance of the deed to the Property, Xxxxx shall have released and waived any claim against or kind rights of hazardous substance in contribution against Seller or on Agent under any Environmental Law for environmental conditions at the propertyProperty that may exist as of the closing date and such release and waiver shall survive the closing and the transfer of title to the Real Property. For purposes hereof, such as mold/fungus“Environmental Laws” includes, radonwithout limitation, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amendedamended (42 U.S.C. § 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 108, et. seq.), the Resource Conservation and regulations thereunderRecovery Act, as amended (42. U.S.C. § 6901, et. seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et seq.), the Clean Water Act, as amended (33 U.S.C. § 1251, et. seq.), and/or any corresponding state law and the regulations, rules, ordinances, decisions, orders, or determinations of a judicial or governmental entity.”

Condition of Property. The property will be sold by the Seller Subject to the express covenants, representations and warranties of Seller set forth in this Agreement, Buyer on an "shall accept the Property at the Close of Escrow, in its then AS-IS, WHERE-IS and CONDITION WITH ALL FAULTS" basis. Xxxxx accepts all faults No person acting on behalf of Seller is authorized to make, and defects of the property whether known or unknownby execution hereof, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the that, except as specifically provided in this Agreement, Seller and the Agents have has not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees guaranties of any kind or character whatsoever, whether expressed express or implied, oral or written, past, present or future, or of, as to, concerning to or with respect to: to (ia) the value, nature, quality or condition value of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentsProperty; (iib) the income to be derived from the propertyProperty; (iiic) the suitability of the property Property for any and all activities and uses which buyer Buyer may conduct from therethereon, including any development of the Property; (ivd) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (e) the manner, quality, state of repair or lack of repair of the Property; (f) the nature, quality or condition of the Property, including without limitation, the water, soil and geology; (g) the compliance of or by the property Property or its operation with any laws, rules, ordinances, ordinances or regulations of any applicable governmental authority or body; (vh) the habitabilitymanner, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner condition or quality of the construction or materials, if any, incorporated into the propertyProperty; (viii) compliance with any Environmental Laws; (j) the mannerpresence or absence of Hazardous Materials at, qualityon, state of repair under, or adjacent to the Property; (k) the content, completeness or accuracy of the propertydue diligence materials, including the Property Materials; (viiil) the conformity of the improvements to any plans or specifications for the Property, including any plans and specifications that may have been or may be provided to Buyer; (m) the conformity of the Property to past, current or future applicable zoning or building requirements; (n) deficiency of any undershoring; (o) deficiency of any drainage; (p) the fact that all or a portion of the Property may be located on or near an earthquake fault line or located in an Xxxxxxx-Xxxxxx special study zone; (q) the existence of any view from vested land use, zoning or building entitlements affecting the property or that any existing view will not be obstructed in the futureProperty; or (ixr) with respect to any other matter with respect concerning the Property except as may be otherwise expressly stated herein, including any and all such matters referenced, discussed or disclosed in any other documents available to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.rBuyer., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS WHEREIS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer Xxxxx acknowledges and agrees that the Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working nonworking components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.

Condition of Property. The property will be sold by the Seller seller to the Buyer buyer on an "AS-IS, WHEREHOW-IS and WITH ALL FAULTS" basis. Xxxxx Buyer accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or or, as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: ; lease or rent information; , noise disturbances; , waste and/or and or septic disposal systems; , marked or unmarked cemeteries/cemeteries / burial grounds; , soil results for septic disposal systems; , city or well water, water either availability, connectivity availability and or connected or purity of; , timber; , soil; , earth; , rock; , caverns; , sinkholes; , wood destroying organisms or infestations; , geology; , utilities either availability connected or connectivity; availability, acreage of parcel; square , sq. footage or condition of structure; , any improvements; improvements and all photographs; , age; , any measurements; measurements and working or non-non working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from therethere from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans American with Disabilities Act disabilities act or with any environmental protection, pollution or land use laws, rules, orders or requirements; , including solid waste (as defined by the U.S. Environmental Protection Agency environmental protection agency regulations at 40 c.f.r., part 261), or the disposal or existence existence, in or on the property, of any type or kind of hazardous substance in or on the property, such as mold/mold / fungus, radon, lead, asbestos, landfills, aldehydes/aldehydes / chemicals, pesticides, by-by products of methamphetamines, methamphetamines or storage of any type of hazardous waste or substances AND (as defined by the Comprehensive Environmental Response, Compensation, comprehensive environmental response compensation and Liability Act liability act of 1980, as amended, and regulations thereunderthere under).

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-ISExcept as otherwise expressly set forth in this Agreement, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer Purchaser acknowledges and agrees that (i) it is purchasing the Subject Interests based solely upon its own inspections and investigations of the Property, (ii) it accepts the Property in its “as is”, “where is” and “how is” condition as of the Closing Date, with all faults, and (iii) neither Seller, nor anyone on behalf of Seller, have made any representations or warranties, express or implied, about the Property, including, without limitation, any warranty of condition, habitability, merchantability, or fitness for a particular purpose. Without limiting the generality of this Section 25, except as otherwise expressly set forth in this Agreement, Purchaser acknowledges that Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements representation or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or warranty with respect regard to: (i1) the value, natureprofitability, quality development potential, marketability, or condition leasing of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentsProperty; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv2) the compliance or noncompliance of by the property or its operation Property with any laws, rules, ordinancesregulations, orders or regulations requirements of any governmental authority or body; authorities (v) the habitabilitycollectively, merchantability“Legal Requirements”), marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specificallyincluding, without limitation, that seller has not madezoning, does not makesubdivision, and specifically disclaims any representation regarding compliance with other land use laws, building and life safety codes, parking codes, and the Americans with Disabilities Act Act; (3) the environmental condition of the Property, including, without limitation, the presence or with absence on or about the Property, or the release from the Property, of any hazardous waste, hazardous materials, or toxic substance as defined or regulated by Legal Requirements relating to environmental protection, pollution control, air, water, or land use lawssoils quality, rulesor conservation (collectively, orders “Hazardous Materials”); (4) the physical condition of the Land or requirementsImprovements, including, without limitation, the condition of any building components, systems, or equipment; (5) any covenants, conditions and restrictions affecting the Property; (6) the utilities serving the Property; (7) any matter relating to the tenants under the Leases; or (8) any other matter relating to the Property. Except as otherwise set forth in this Agreement, Purchaser releases Seller from any liability relating to these matters (1) through (8) of this Section 25. Purchaser assumes the risk of adverse matters, including solid waste (as defined adverse physical conditions, defects, construction defects, environmental, health, safety and welfare matters which may not have been revealed by Purchaser’s inspections. Each party has been represented by adequate counsel, all drafts have been exchanged by the U.S. Environmental Protection Agency regulations at 40 c.f.r.parties, part 261)and accordingly no provision of this Agreement will be construed against any party by reason of its preparation or preparer. Accordingly, any rule of law or the disposal equity or existence legal decision that would require interpretation of any type ambiguities in the Agreement against any party that drafted it is of no application and is expressly waived. Each party waives any rights or kind remedies it may have or be entitled to, deriving from disparity in size or from any significant disparate bargaining position in relation to any other party. Except as otherwise expressly set forth in this Agreement as to covenants, representations, warranties and obligations to indemnify that expressly survive Closing, and then only for the period of hazardous substance time that that such covenants, representations, warranties and obligations to indemnify expressly survive Closing, effective as of the Closing Date, Purchaser, for itself and its agents, Affiliates, successors and assigns, hereby waives, releases and forever discharges Seller from any and all rights, claims and demands at law or in equity, whether known or on unknown at the propertytime of this Agreement, such as mold/funguswhich Purchaser has or may have in the future, radonarising out of the physical, leadenvironmental, asbestoseconomic or legal condition of the Property, landfillsincluding, aldehydes/chemicalswithout limitation, pesticides, by-products of methamphetamines, all claims in tort or storage of contract and any type of hazardous waste claim for indemnification or substances AND as defined by contribution arising under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980(42 U.S.C. Section 9601, as amendedet seq.) or any similar federal, state or local statute, rule or regulation, and all other title or due diligence matters described above in this Section 25 or any other provisions of this Agreement. Purchaser hereby assumes the risk of changes in applicable laws and regulations thereunderrelating to past, present and future environmental conditions and the risk that adverse physical characteristics and conditions, including without limitation, the presence of Hazardous Materials or other contaminants, may not have been revealed by its investigation. Purchaser waives all objections and complaints, whether known or unknown, concerning the physical characteristics and any existing conditions of the Property, including Seller’s obligations under the Leases relating to the physical, environmental or legal compliance status of the Property, whether arising before or after the Effective Date. Purchaser, upon Closing, shall be deemed to have waived, relinquished and released Seller from and against any and all matters affecting the Property, including any and all complaints or objections concerning the physical characteristics of the Property or existing Property conditions. Purchaser waives the benefits of any law which generally provides that a general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, may have materially affected his settlement with the debtor. The provisions of this Section 25 shall not, and shall not be deemed or construed to, release the parties from their obligations under the Operating Agreements referenced in Section 9(b) (viii) and Section 9(c) (viii). The provisions of this Section shall survive the Closing or termination of this Agreement indefinitely and will not merge into the closing documents.

Condition of Property. The property will be sold Buyer hereby acknowledges Xxxxx’s obligation to perform due diligence in regard to this transaction as well as the condition of the Property, and agrees that an inspection of the Property has been made by Buyer, that the purchase is based upon such inspection and such additional independent investigation as Xxxxx has chosen to make, and not by or through any representations made by Seller to or Agent. Buyer agrees that Buyer is acquiring the Buyer on an "AS-ISProperty “as is”, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts “where is”, with all faults and defects of the property defects, latent and patent, whether known or known, unknown, presently existing disclosed, or that may hereafter arise. Buyer undisclosed by Seller, and Xxxxx acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and Seller hereby specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements,or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present present, or future, or of, as to, concerning to or with respect to: to (ia) the valuehabitability, naturemerchantability, quality or condition fitness of a particular purpose of the property, including without limitation: lease Property or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentspart thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (ivb) the compliance of or by the property Property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or bodybody having jurisdiction including, without limitation, all applicable zoning laws or other land use regulations including those, without limitation, permitting and certificates of occupancy; (vc) the habitabilitynature, quality, or condition of the Property, including, without limitation, water, soil, and geology, or the presence or absence of any pollutant, mold, lead-based paint, radon, hazardous or toxic substance or material, hazardous or solid waste, termites or other wood destroying organism or any other type of insects, underground or above ground storage tank system, or any other contamination or environmental condition on, in, under, or about the Property; (d) the suitability of the Property for any and all activities and uses which Buyer may intend to conduct thereon; € any income to be derived from the Property; (f) the marketability, merchantability, marketabilityage, profitabilityquality, state of repair, or fitness for a particular purpose of the property; (vi) the manner any items of personal Property that may or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will may not be obstructed located upon the Property, including, without limitation, any HVAC, cooking, refrigerating, dishwashing, plumbing, or electrical apparatus or equipment boilers, engines, motors, generating equipment, piping or plumbing fixtures, underground or above ground storage tank systems, ventilating or vacuum cleaning systems, irrigation systems, fire alarms, fire extinguishing apparatus, security systems, telephone systems, telephone jacks, cable jacks, gas and electric fixtures, elevators, mantels, built-in the futuremirrors, screens, storm sashes, awnings, carpeting, under padding or drapes, (g) any personal property remaining after closing will be considered abandoned; or (ixH) any other matter related to or concerning the Property or any items of personal property which may or may not be located thereon. Buyer shall not seek recourse against Seller on account of any loss, cost, or expense suffered or incurred by Xxxxx with respect regard to any of the matters described in above and hereby assumes the risk of any adverse matters related to the propertymatters described above from and after the date of closing. In addition, and specificallywithout limiting the foregoing, Seller specifically makes no representations as to the existence, suitability, or the working condition of, of any system including but not limited to electric, gas, water, (public or well), septic (public or private), cable, internet, or the status of any available permits or approvals related thereto. Buyer hereby expressly waives any and all claims for damages or rescission of this contract due to any representations made by Seller or Agent, except such representations as may be contained in this contract. THE PROPERTY SHALL BE TRANSFERRED TO AND ACCEPTED BY ANY BUYER IN AS-IS CONDITION WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN AND FREE OF ANY AND ALL LIENS, ENCUMBRANCES, SECURITY AGREEMENTS OR OTHER FINANCING DEVICES, EXCEPT AS EXPRESSLY ALLOWED HEREIN. Seller and Agent each makes no representations or warranties of any kind as to the suitability of the Property for any purpose whatsoever or as to the physical condition thereof (including, without limitation, environmental condition) or otherwise. It is expected that seller has not made, does not makeBuyer will rely on its own inspection to determine the condition of the Property, and specifically disclaims will not rely on any statement or representation regarding compliance with the Americans with Disabilities Act of Seller, or with any environmental protection, pollution or land use laws, rules, orders or requirements; Seller’s agents (including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261Agent), representatives or consultants with respect thereto. Xxxxx agrees to accept the disposal or existence Property without recourse against Seller of any type kind under applicable laws and regulations. By acceptance of the deed to the Property, Xxxxx shall have released and waived any claim against or kind rights of hazardous substance in contribution against Seller or on Agent under any Environmental Law for environmental conditions at the propertyProperty that may exist as of the closing date and such release and waiver shall survive the closing and the transfer of title to the Real Property. For purposes hereof, such as mold/fungus“Environmental Laws” includes, radonwithout limitation, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amendedamended (42 U.S.C. § 9601, et. Seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 108, et. Seq.), the Resource Conservation and regulations thereunderRecovery Act, as amended (42. U.S.C. § 6901, et. Seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et seq.), the Clean Water Act, as amended (33 U.S.C. § 1251, et. Seq.), and/or any corresponding state law and the regulations, rules, ordinances, decisions, orders, or determinations of a judicial or governmental entity.”

Condition of Property. The property will be sold Buyer hereby acknowledges Xxxxx’s obligation to perform due diligence in regard to this transaction as well as the condition of the Property, and agrees that an inspection of the Property has been made by Buyer, that the purchase is based upon such inspection and such additional independent investigation as Xxxxx has chosen to make, and not by or through any representations made by Seller to or Agent. Buyer agrees that Buyer is acquiring the Buyer on an "AS-ISProperty “as is”, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts “where is”, with all faults and defects of the property defects, latent and patent, whether known or known, unknown, presently existing disclosed, or that may hereafter arise. Buyer undisclosed by Seller, and Xxxxx acknowledges and agrees that the Seller and the Agents have has not made, does not make make, and Seller hereby specifically negates and disclaims any representations, warranties, promises, covenants, agreements agreements, or guarantees guaranties of any kind or character whatsoever, whether expressed or implied, oral or written, past, present present, or future, or of, as to, concerning to or with respect to: to (ia) the valuehabitability, naturemerchantability, quality or condition fitness of a particular purpose of the property, including without limitation: lease Property or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working componentspart thereof; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (ivb) the compliance of or by the property Property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or bodybody having jurisdiction including, without limitation, all applicable zoning laws or other land use regulations including those, without limitation, permitting and certificates of occupancy; (vc) the habitabilitynature, quality, or condition of the Property, including, without limitation, water, soil, and geology, or the presence or absence of any pollutant, mold, lead-based paint, radon, hazardous or toxic substance or material, hazardous or solid waste, termites or other wood destroying organism or any other type of insects, underground or above ground storage tank system, or any other contamination or environmental condition on, in, under, or about the Property; (d) the suitability of the Property for any and all activities and uses which Buyer may intend to conduct thereon; (e) any income to be derived from the Property; (f) the marketability, merchantability, marketabilityage, profitabilityquality, state of repair, or fitness for a particular purpose of the property; (vi) the manner any items of personal Property that may or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will may not be obstructed located upon the Property, including, without limitation, any HVAC, cooking, refrigerating, dishwashing, plumbing, or electrical apparatus or equipment boilers, engines, motors, generating equipment, piping or plumbing fixtures, underground or above ground storage tank systems, ventilating or vacuum cleaning systems, irrigation systems, fire alarms, fire extinguishing apparatus, security systems, telephone systems, telephone jacks, cable jacks, gas and electric fixtures, elevators, mantels, built-in the futuremirrors, screens, storm sashes, awnings, carpeting, under padding or drapes; or or (ixg) any other matter related to or concerning the Property or any items of personal property which may or may not be located thereon. Buyer shall not seek recourse against Seller on account of any loss, cost, or expense suffered or incurred by Xxxxx with respect regard to any of the matters described in above and hereby assumes the risk of any adverse matters related to the propertymatters described above from and after the date of closing. In addition, and specificallywithout limiting the foregoing, Seller specifically makes no representations as to the existence, suitability, or the working condition of, of any system including but not limited to electric, gas, water, (public or well), septic (public or private), cable, internet, or the status of any available permits or approvals related thereto. Buyer hereby expressly waives any and all claims for damages or rescission of this contract due to any representations made by Seller or Agent, except such representations as may be contained in this contract. THE PROPERTY SHALL BE TRANSFERRED TO AND ACCEPTED BY ANY BUYER IN AS-IS CONDITION WITH NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN AND FREE OF ANY AND ALL LIENS, ENCUMBRANCES, SECURITY AGREEMENTS OR OTHER FINANCING DEVICES, EXCEPT AS EXPRESSLY ALLOWED HEREIN. Seller and Agent each makes no representations or warranties of any kind as to the suitability of the Property for any purpose whatsoever or as to the physical condition thereof (including, without limitation, environmental condition) or otherwise. It is expected that seller has not made, does not makeBuyer will rely on its own inspection to determine the condition of the Property, and specifically disclaims will not rely on any statement or representation regarding compliance with the Americans with Disabilities Act of Seller, or with any environmental protection, pollution or land use laws, rules, orders or requirements; Seller’s agents (including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261Agent), representatives or consultants with respect thereto. Xxxxx agrees to accept the disposal or existence Property without recourse against Seller of any type kind under applicable laws and regulations. By acceptance of the deed to the Property, Xxxxx shall have released and waived any claim against or kind rights of hazardous substance in contribution against Seller or on Agent under any Environmental Law for environmental conditions at the propertyProperty that may exist as of the closing date and such release and waiver shall survive the closing and the transfer of title to the Real Property. For purposes hereof, such as mold/fungus“Environmental Laws” includes, radonwithout limitation, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, Compensation and Liability Act of 1980, as amendedamended (42 U.S.C. § 9601, et. seq.), the Hazardous Materials Transportation Act, as amended (49 U.S.C. § 108, et. seq.), the Resource Conservation and regulations thereunderRecovery Act, as amended (42. U.S.C. § 6901, et. seq.), the Toxic Substances Control Act, as amended (15 U.S.C. § 2601, et seq.), the Clean Water Act, as amended (33 U.S.C. § 1251, et. seq.), and/or any corresponding state law and the regulations, rules, ordinances, decisions, orders, or determinations of a judicial or governmental entity.”

Condition of Property. The property will be sold by the Seller seller to the Buyer buyer on an "AS-IS, WHEREHOW-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or or, as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: ; lease or rent information; , noise disturbances; , waste and/or and or septic disposal systems; , marked or unmarked cemeteries/cemeteries / burial grounds; , soil results for septic disposal systems; , city or well water, water either availability, connectivity availability and or connected or purity of; of , timber; , soil; , earth; , rock; , caverns; , sinkholes; , wood destroying organisms or infestations; , geology; , utilities either availability connected or connectivity; availability, acreage of parcel; square , sq. footage or condition of structure; , any improvements; improvements and all photographs; , age; , any measurements; measurements and working or non-non working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from therethere from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans American with Disabilities Act disabilities act or with any environmental protection, pollution or land use laws, rules, orders or requirements; , including solid waste (as defined by the U.S. Environmental Protection Agency environmental protection agency regulations at 40 c.f.r., part 261), or the disposal or existence existence, in or on the property, of any type or kind of hazardous substance in or on the property, such as mold/mold / fungus, radon, lead, asbestos, landfills, aldehydes/aldehydes / chemicals, pesticides, by-by products of methamphetamines, methamphetamines or storage of any type of hazardous waste or substances AND (as defined by the Comprehensive Environmental Response, Compensation, comprehensive environmental response compensation and Liability Act liability act of 1980, as amended, and regulations thereunderthere under).

Condition of Property. The property will be sold by the Seller to the Buyer on an "AS-IS, WHERE-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.r., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder. Neither the Seller nor Xxxxxx Auction & Realty, LLC make any representations or warranties of any kind in regard to the accessibility and usability of the property.

Condition of Property. The property will be sold by the Seller seller to the Buyer buyer on an "AS-IS, WHEREHOW-IS and WITH ALL FAULTS" basis. Xxxxx accepts all faults and defects of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller seller and the Agents have not made, does not make and specifically negates and disclaims any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether expressed or implied, oral or written, past, present or future, or or, as to, concerning to or with respect to: (i) the value, nature, quality or condition of the property, including without limitation: ; lease or rent information; , noise disturbances; , waste and/or and or septic disposal systems; , marked or unmarked cemeteries/cemeteries / burial grounds; , soil results for septic disposal systems; , city or well water, water either availability, connectivity availability and or connected or purity of; , timber; , soil; , earth; , rock; , caverns; , sinkholes; , wood destroying organisms or infestations; , geology; , utilities either availability connected or connectivity; availability, acreage of parcel; square , sq. footage or condition of structure; , any improvements; improvements and all photographs; , age; , any measurements; measurements and working or non-non working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from therethere from; (iv) the compliance of or by the property or its operation with any laws, rules, ordinances, ordinances or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, profitability or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans American with Disabilities Act disabilities act or with any environmental protection, pollution or land use laws, rules, orders or requirements; , including solid waste (as defined by the U.S. Environmental Protection Agency environmental protection agency regulations at 40 c.f.r., part 261), or the disposal or existence existence, in or on the property, of any type or kind of hazardous substance in or on the property, such as mold/mold / fungus, radon, lead, asbestos, landfills, aldehydes/aldehydes / chemicals, pesticides, by-by products of methamphetamines, methamphetamines or storage of any type of hazardous waste or substances AND (as defined by the Comprehensive Environmental Response, Compensation, comprehensive environmental response compensation and Liability Act liability act of 1980, as amended, and regulations thereunderthere under).

Condition of Property. The property will be sold by Except as set forth on the Seller Disclosure Schedule, with respect to Producer’s operations related to the Buyer on an "AS-ISProperty: (a) There has been issued and there remains in full force and effect subject to no revocation, WHERE-IS suspension, forfeiture or modification, each and WITH ALL FAULTS" basis. Xxxxx accepts all faults every Permit necessary for the present use, operation and defects occupancy of the property whether known or unknown, presently existing or that may hereafter arise. Buyer acknowledges and agrees that the Seller Property by Producer and the Agents have conduct of mining, processing and sales of Minerals from the Property and all required zoning, building code, land use, environmental and other similar Permits; (b) The Property and the present and contemplated use and occupancy thereof for Producer’s Mineral operations comply in all material respects with all applicable zoning ordinances, building codes, land use Laws, setback or other development and/or use requirements of Governmental Authorities; (c) There has not made, does not make and specifically negates and disclaims occurred any representations, warranties, promises, covenants, agreements material damage to or guarantees destruction of the Property or any portion thereof as a result of any kind fire or character whatsoeverother casualty that, whether expressed or impliedas of the date hereof, oral or writtenhas not been repaired in all material respects; (d) All liquid and solid waste disposal, past, present or future, or concerning septic and sewer systems located on the Property are in compliance in all material respects with any and all Laws and requirements of any Governmental Authority; and (e) With respect to or with respect to: the environmental condition of the Property and Producer’s operations on the Property: (i) the value, nature, quality conditions existing on or condition with respect to the Property and its ownership and operation of the propertyProperty are not (A) in violation of any Laws, including without limitation any Environmental Laws, or (B) causing or resulting in Environmental Liabilities; (ii) there have been no past violations by Producer of any Environmental Laws or other Laws affecting or pertaining to the Property, nor the creation of Environmental Liabilities by Producer or, to the knowledge of any Key Employee of Producer, any of its predecessors in title to the Property, except as has been fully abated and remediated by Producer or its predecessors in title so as to cause the Property and Producer’s operations thereon to be in full compliance with the requirements of applicable Laws and the orders of all Governmental Authority having jurisdiction, and to be free of any claim for damages or remediation costs, natural resources damages or other Environmental Liabilities; and (iii) No Key Employee of Producer has received an inquiry from or notice of a pending investigation from any Governmental Authority or of any administrative or judicial proceeding concerning the violation of any Laws. 7 (f) Producer is in compliance in all material respects with each Permit pertaining to its operations for extracting, processing and sale of Minerals, including without limitation: lease or rent information; noise disturbances; waste and/or septic disposal systems; marked or unmarked cemeteries/burial grounds; soil results for septic disposal systems; city or well water, either availability, connectivity or purity of; timber; soil; earth; rock; caverns; sinkholes; wood destroying organisms or infestations; geology; utilities either availability or connectivity; acreage of parcel; square footage or condition of structure; any improvements; all photographs; age; any measurements; Permits pertaining to Environmental Laws and working or non-working components; (ii) the income to be derived from the property; (iii) the suitability of the property for any and all activities and uses which buyer may conduct from there; (iv) the compliance of by the property or its operation with any laws, rules, ordinances, or regulations of any governmental authority or body; (v) the habitability, merchantability, marketability, profitability, or fitness for a particular purpose of the property; (vi) the manner or quality of the construction or materials, if any, incorporated into the property; (vii) the manner, quality, state of repair of the property; (viii) the existence of any view from the property or that any existing view will not be obstructed in the future; or (ix) any other matter with respect to the property, and specifically, without limitation, that seller has not made, does not make, and specifically disclaims any representation regarding compliance with the Americans with Disabilities Act or with any environmental protection, pollution or land use laws, rules, orders or requirements; including solid waste (as defined by the U.S. Environmental Protection Agency regulations at 40 c.f.rreclamation., part 261), or the disposal or existence of any type or kind of hazardous substance in or on the property, such as mold/fungus, radon, lead, asbestos, landfills, aldehydes/chemicals, pesticides, by-products of methamphetamines, or storage of any type of hazardous waste or substances AND as defined by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, and regulations thereunder.