Common use of Property Condition Clause in Contracts

Property Condition. Buyer acknowledges the Property has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premises. If requested, Buyer will execute an acknowledgement at closing, in form and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. If, however, any sales tax is required to be paid in connection with the transfer of such personal property, the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereunder.

Property Condition. Buyer is aware and acknowledges that Seller is a third party relocation company and has never occupied the Property and that Seller's limited first-hand knowledge is based solely on inspections performed (if any) at the time of acquisition and property disclosures received (if any) from the previous homeowner. Buyer is aware that the Property is not new and further acknowledges that there has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known no representation(s) by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that or any other person acting as Seller's representative and/or Buyer's representative, regarding the condition of the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines hazardous substances or the presence or absence of any encroachments or unrecorded easements; and, any other matter regarding the legal or physical condition of the premises. If requestedinspection report(s) have been obtained by Seller or Seller's representative, said inspection reports are being provided to Buyer will execute an acknowledgement at closing, in form for Buyer's information only and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no become part of the purchase price payable hereunder shall contract. Available inspection(s) and property disclosure(s) are attached hereto. Other than those (if any) specified in the provided inspection(s) and/or property disclosure(s), neither Seller nor Seller's representative has actual knowledge of any latent defects in the property or any component thereof, including, but not limited to: plumbing, appliances, heating, air conditioning, electrical systems, fixtures, roof, sewers, septic systems, foundation, structural condition, pool, spa and related equipment. Naturally occurring radon gas, molds, fungi, spores, pollen or other allergens may be deemed found in a home. Other than the attached (if any) Property air quality inspection(s), Seller has not tested and makes no warranties whatsoever as to have been paid by Buyer for the sameindoor air quality of the property. IfBuyers agree to indemnify and hold harmless Seller and prior owners from any claims (including attorney's fees) raised after the closing relating to the presence or non-disclosure of allergens in the Property, however, any sales tax is required whether those conditions existed prior to be paid in connection with the transfer of such personal property, the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereunderor developed thereafter.

Property Condition. Buyer acknowledges Except for the Representations and Warranties of Transferor specifically set forth herein and in all Addenda, Exhibits and Schedules attached hereto, the Property has been previously occupied is being sold and should not be expected conveyed by Transferee to be Transferor "AS IS, WHERE IS, WITH ALL FAULTS," in such condition as the same condition may be on the Closing Date, without any representations and warranties by the Transferor as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that any conditions of the Property, including, without limitation, surface and subsurface environmental conditions, whether latent or patent. Except for the land, buildings, improvements, appliances, fixtures representations and the like, warranties of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms Transferor specifically set forth in the purchase agreement (as to price and concessionsherein, if any). Seller expressly disclaims any representations and/or warrantiesTransferor makes no guarantee, warranty or representation, express or implied, regarding as to the Property includingquality, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence character, or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premisesProperty (or any part thereof) or the fitness of the Property (or any part thereof) for any use or purpose or any representation as to the nonexistence of any toxic or hazardous waste. If requestedExcept for any claim related to a breach of Transferor's express representations and warranties, Buyer will execute an acknowledgement at closingTransferee shall have no claim, in form and substance satisfactory law or in equity, based upon the condition of the Property or the failure of the Property to Sellermeet any standards. In no event shall Transferor be liable for any incidental, affirming special, exemplary or consequential damages, including, without limitation, loss of profits or revenue, interference with business operations, loss of tenants, lenders, investors, buyers, diminution in value of the terms contained in this Addendum. A. The following is hereby added Property, or inability to use the Property, due to the printed portion condition of the Property, absent a breach of Transferor's express representations and warranties contained herein and in all Addenda, Exhibits and Schedules attached hereto. Transferee represents and warrants to Transferor that upon expiration of the Due Diligence Period, Transferee will have had ample opportunity to make a proper inspection, examination and investigation of the Property to familiarize itself with its condition and that it will do so to its satisfaction. Transferee agrees that, upon acceptance of the condition of the Property hereunder, and except for its reliance on the representations and warranties of Transferor contained herein, it shall purchase agreement: and accept title to the Property including any and all environmental conditions, except as set forth in the paragraph entitled "The parties mutually agree Special Provisions". In the event that all rightany hazardous substances are discovered on, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred at or under the deed Property, except for any claim for breach of conveyance any representation or warranty of Transferee specifically made herein, and, except as set forth in the paragraph entitled "Special Provisions," Transferee shall not maintain any action or assert any claim against Transferor, its successors and their respective members, employees and agents arising out of or relating to be deliveredany such hazardous substances, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer including, without limitation, any action or claim for contribution or for the samegeneration, use, handling, treatment, removal, storage, decontamination, cleanup, transport or disposal thereof. If, however, any sales tax is required to be paid in connection with the transfer The provisions of such personal property, the same shall be the responsibility of Buyer, which responsibility this Section shall survive the Closing hereunderor any termination of this Agreement.

Property Condition. Buyer acknowledges The Property is being sold and conveyed by Purchaser to the Property has been previously occupied and should not be expected to be Partnership "AS IS, WHERE IS, WITH ALL FAULTS", in such condition as the same condition may be on the Closing Date, without any representations and warranties by the Partnership as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that any conditions of the Property, including, without limitation, the landsurface and subsurface environmental conditions, buildingswhether latent or patent. The Partnership makes no guarantee, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warrantieswarranty or representation, express or implied, regarding as to the Property includingquality, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence character, or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premisesProperty (or any part thereof) or the fitness of the Property (or any part thereof) for any use or purpose or any representation as to the nonexistence of any toxic or hazardous waste. If requested, Buyer will execute an acknowledgement at closingPurchaser shall have no claim, in form and substance satisfactory law or in equity against the Partnership, PB Properties or the Unitholders, based upon the condition of the Property or the failure of the Property to Sellermeet any standards. In no event shall the Partnership, affirming PB Properties or the terms contained Unitholders be liable for any incidental, special, exemplary or consequential damages, including, without limitation, loss of profits or revenue, interference with business operations, loss of tenants, lenders, investors, buyers, diminution in this Addendum. A. The following is hereby added value of the Property, or inability to use the Property, due to the printed portion condition of the Property. Purchaser represents and warrants to the Partnership that Purchaser has had ample opportunity to make a proper inspection, examination and investigation of the Property to familiarize itself with its condition. Purchaser agrees that it accepts the condition of the Property hereunder, and it shall purchase agreement: "The parties mutually agree and accept title to the Property including any and all environmental conditions. In the event that all rightany hazardous substances are discovered on, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred at or under the deed Property, Purchaser shall not maintain any action or assert any claim against the Partnership, its successors and their respective members, employees and agents or PB Properties or the Unitholders arising out of conveyance or relating to be deliveredany such hazardous substances, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. Ifincluding, howeverwithout limitation, any sales tax is required to be paid in connection with action or claim for contribution or the transfer of such personal propertygeneration, the same shall be the responsibility of Buyeruse, which responsibility shall survive the Closing hereunderhandling, treatment, removal, storage, decontamination, cleanup, transport or disposal thereof.

Property Condition. Buyer understands and acknowledges that Seller acquired equitable title to the Property by foreclosure, deed-in-lieu of foreclosure, forfeiture, tax sale, or from an entity, institution, organization, or individual who acquired the Property through the same or another similar process and, consequently, Seller has not conducted any investigation concerning the condition of the Property. As a material part of the consideration to be received by Seller under this Contract which has been negotiated and agreed to by Buyer and Seller, Buyer acknowledges and agrees to accept the Property has been previously occupied and should not be expected to be in its "As Is" "Where-Is" condition at the same condition as a new home and that it may contain time of Closing, including without limitation, any hidden defects not or environmental or other hazardous conditions affecting the Property, whether known or not reasonably subject to being known by Sellerunknown, a third-party relocation management companywhether such defects or conditions could be discoverable through inspection or not. Except as otherwise provided herein, Buyer further acknowledges and expressly agrees that Seller has not made and hereby specifically disclaims any warranty, guaranty, or representations, oral or written, past, present, or future, express or implied, or otherwise arising by operation of law, as to, or concerning the Property including, without limitation: (i) the nature and condition of the Property, including, without limitation, the land, buildings, improvementsfixtures (i.e., appliances, fixtures and the likeplumbing, of whatever kind and natureheating, are sold in “as is” condition with defectsair conditioning, known and unknownelectrical distribution, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; andwater heating, any other matter regarding mechanical systems, all structural components) water, air, climate, soil (including subsidence and settling, expansiveness and swell potential or the legal effects thereof and radon or physical condition gamma rays emanating from the Property), and geology, and the suitability thereof for any and all activities and uses which Buyer may elect to conduct thereon; (ii) the manner, construction, condition, and state of the premises. If requested, Buyer will execute an acknowledgement at closing, in form and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion repair or lack of the purchase agreement: "The parties mutually agree that all right, title and interest repair of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall Property and improvements located thereon, including, without limitation, mold, asbestos, lead paint, dry rot or the presence of animals, or insects; (iii) the nature and extent of any right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; (iv) the compliance of the Property or its operation with any laws, rules, ordinances, codes, or regulations of any government or other body, including any environmental, land use, zoning, or building laws; (v) the condition, habitability, merchantability, or fitness for a particular purpose of the Property and/or the improvements and fixtures located thereon; and (vi) the income to be derived from the Property. Buyer has thoroughly inspected and examined the Property to the extent deemed to have been paid necessary by Buyer in order for Buyer to evaluate the sameProperty and the transaction memorialized by this Contract. IfBuyer agrees that it is relying solely upon the inspection, howeverexamination, and evaluation of the Property by Buyer and not on any sales tax is required information provided by, or to be paid provided by, Seller. It is further agreed that Seller has not warranted, and does not hereby warrant, that the Property or any improvements located thereon now or in connection the future will meet or comply with the transfer requirements of such personal propertyany safety code or regulation of the state, city, county, or any other applicable jurisdiction or authority in which the same shall be Property is located or having authority over the responsibility of Buyer, which responsibility shall survive the Closing hereunderProperty. SELLER EXPRESSLY STATES AND BUYER SPECIFICALLY ACKNOWLEDGES THAT SELLER HAS NOT PERSONALLY INSPECTED THE PROPERTY OR HAD THE PROPERTY INSPECTED BY AN INSPECTOR FOR THE PURPOSE OF ASCERTAINING THE CONDITION OF THE PROPERTY.

Property Condition. Buyer acknowledges the Property has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (Seller makes no warranty as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premisesProperty being conveyed. If requestedPurchaser has had the opportunity to examine the Property and is buying the above described Property in its "as is-where is and with all faults and limitations" condition with no implied or expressed warranty whatsoever, Buyer will execute an acknowledgement at closingfrom either the Seller, the Seller's Agents or AW Properties Global and AuctionWorks. The parties hereto agree that this Contract is subject to the following clauses: Purchaser further acknowledges that the Property hereby conveyed including the real estate, and all buildings and improvements erected thereon are conveyed by the Seller "as is" and without warranty as to physical condition, and with the exclusion of and release by Purchaser of any and all legal implied warranties and Purchaser expressly waives any and all claims against Seller for vices or defects including any environmental hazards in or on said property. Purchaser further acknowledges that they have fully inspected said property and are not relying on any representation as to its condition which has or may have been made by the Seller, Seller’s Agents or AW Properties Global and AuctionWorks. Purchaser further waives and releases Seller and its agents, employees, and insurers and AW Properties Global and AuctionWorks from any and all claims or causes of action which have arisen or might hereafter arise, whether presently known or unknown, in form and substance satisfactory retribution or for loss or damage resulting in whole or part from the condition of or defects or vices, including any environmental hazards, whether latent or patent in the Property conveyed or any part thereof, whether such conditions, vices or defects give rise to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion such claims or cause of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to action should have been paid by Buyer for the sameknown to either Purchaser or Seller. If, however, any sales tax is required to be paid Any liability in connection with any environmental protection rule, regulation order, requirement or law, whether state, local or federal is hereby assumed by Purchaser. The Purchaser, in consideration of the transfer offer amount described herein waives all rights they may have to rescission of such personal propertythe sale or diminution of the price. Purchaser expressly waives any and all rights which they have or may have against AW Properties Global and AuctionWorks, the same shall be the responsibility arising out of Buyer, which responsibility shall survive the Closing hereunderthis purchase on account of any and all conditions of all property herein purchased.

Property Condition. Buyer is aware and acknowledges that Seller is a third party relocation company and has never occupied the Property and that Seller's limited first-hand knowledge is based solely on inspections performed (if any) at the time of acquisition and property disclosures received (if any) from the previous homeowner. Xxxxx is aware that the Property is not new and further acknowledges that there has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known no representation(s) by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that or any other person acting as Seller's representative and/or Buyer's representative, regarding the condition of the Property, the presence or absence of toxic or hazardous substances or the presence or absence of any encroachments or unrecorded easements. If inspection report(s) have been obtained by Seller or Seller's representative, said inspection reports are being provided to Buyer for Buyer's information only and become part of the contract. Available inspection(s) and property disclosure(s) are attached hereto. Other than those (if any) specified in the provided inspection(s) and/or property disclosure(s), neither Seller nor Seller's representative has actual knowledge of any latent defects in the property or any component thereof, including, without limitation, the land, buildings, improvementsbut not limited to: plumbing, appliances, fixtures heating, air conditioning, electrical systems, fixtures, roof, sewers, septic systems, foundation, structural condition, pool, spa and related equipment. Naturally occurring radon gas, molds, fungi, spores, pollen or other allergens may be found in a home. Other than the attached (if any) Property air quality inspection(s), Seller has not tested and makes no warranties whatsoever as to the indoor air quality of the property. Buyers agree to indemnify and hold harmless Seller and prior owners from any claims (including attorney's fees) raised after the closing relating to the presence or non-disclosure of allergens in the Property, whether those conditions existed prior to Closing or developed thereafter. PROPERTY SOLD "AS-IS". Buyer acknowledges that Seller has never occupied the Property and neither Seller nor any of its representatives make and have not made any express or implied representations or warranties regarding its condition. Buyer acknowledges that has read and understands the disclosure documents provided by Seller and the likesales price reflects the agreed-upon value of the property "AS-IS", inclusive of whatever kind all disclosures. Xxxxx further acknowledges that the Property is being sold and natureXxxxx accepts the Property in its present "AS-IS" condition as of the date of the Contract, are with all its flaws and defects. Xxxxx is encouraged to conduct, at Buyer's expense, any property inspection deemed appropriate. LOUISIANA PROPERTIES ONLY. The property is sold in “as as-is, where is” condition without any warranties whatsoever as to fitness or condition, whether expressed or implied, and Xxxxx expressly waives the warranty of fitness and the guarantee against hidden or latent vices (defects in the property sold which render it useless or render its use so inconvenient or imperfect that Buyer would not have purchased it had he known of the vice or defect) provided by law in Louisiana, more specifically, that warranty imposed by Louisiana Civil Code art. 2520 et seq. with defectsrespect to Seller’s warranty against latent or hidden defects of the property sold, known or any other applicable law, not even for a return of the purchase price. Buyer forfeits the right to avoid the sale or reduce the purchase price on account of some hidden or latent vice or defect in the property sold. Seller expressly subrogates Buyer to all rights, claims and unknowncauses of action Seller may have arising from or relating to any hidden or latent defects in the property. This provision has been called to the attention of the Buyer and fully explained to the Buyer, if anyand the Buyer acknowledges that he has read and understands this waiver of all express or implied warranties and accepts the property without any express or implied warranties. Notwithstanding Buyer expressly waives all rights in redhibition and reduction of the foregoingpurchase price or otherwise, pursuant to Louisiana law. PROPERTY INSPECTIONS. "Buyer has the right and exclusive obligationis strongly advised to investigate the condition and suitability of the Property by having the Property inspected by qualified, licensed professional inspectors. Seller authorizes Xxxxx, at Buyer’s sole Xxxxx's expense, to conduct any testsmake a complete non-destructive inspection of the Property within ten (10) calendar days from the Effective Date of the Contract. The purpose of the inspection(s) will be to inform Xxxxx in a written report(s) if the Property is in a condition materially different than Buyer expected when making the offer to purchase other than cosmetic or normal wear. Buyer acknowledges that it is Xxxxx's sole responsibility to obtain surveys, inspectionstests or inspection reports by qualified professionals on, evaluationsbut not limited to: appliances, etc.heating/cooling systems, plumbing, electrical systems, structural components, wood-destroying insects, pests and alterations or additions to the Property and to determine whether Buyer wishes to acquire the presence of any environmental conditions affecting the Property and/or toxic or hazardous substances or allergens on the terms set forth in Property which would make it dangerous to the purchase agreement (as to price and concessionshealth of the occupants, if any). Seller expressly disclaims any representations and/or warranties, express or implied, other factors regarding the Property including, by way about which Buyer may be concerned. Failure of example Buyer to complete inspection(s) and not limitation: size notify Seller of any defects during the ten (10) day Property Inspection due diligence period shall act as Buyer's waiver of any and all inspection and repair contingencies in the Contract and this Addendum and to affirm Buyer acceptance of the buildings and/or improvements Property in its "AS-IS" condition. Within said ten (specifically including square footage 10) day due diligence period Buyer shall deliver written notice to Seller that:" Buyer waives the right to obtain any additional inspections, accepts the property "AS-IS" and dimensions); presence agrees to hold Seller, its employees and representatives harmless from any subsequent consequences that may result from Xxxxx's election not to conduct property inspections. Buyer is satisfied with the inspection results, waives all inspection and repair contingencies and accepts the Property in its then current "AS-IS" condition. In the event that inspections reveal material deficiencies not already disclosed by Xxxxxx, Xxxxx may submit written notice to Seller canceling the Contract or absence submit a list requesting repair of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition alleged deficiencies as well as a copy of the premisesinspection(s) report(s) upon which the repair requests are made. If requestedUpon receipt of notice of requested repair issues, Seller shall have ten (10) days thereafter to respond to Xxxxx's repair demands. Seller is not responsible, and is not required to make any repairs but reserves the right, at its sole discretion, to: Terminate the Contract and refund xxxxxxx money to Buyer. Complete repair(s) in a timely fashion to a reasonably satisfactory condition. Seller is not liable for the quality of any repairs. Buyer will execute an acknowledgement at closing, in form and substance satisfactory agrees to Seller, affirming the terms contained in this Addendum. A. The following is hereby added look solely to the printed portion of licensed contractor(s) performing such repair(s). Negotiate the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance repair issues with Buyer including which items are to be deliveredrepaired, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. If, however, any sales tax is required to be paid in connection with the transfer cost of such personal property, repair(s) and the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereundertime frame for completion.

Property Condition. Buyer Purchaser acknowledges that Purchaser will have full and adequate right and opportunity to inspect and examine the Property. If Purchaser elects to proceed with Closing, Purchaser shall exclusively rely upon Purchaser’s own inspection and examination. 5.1 Property has been previously occupied Conveyed “As-Is, Where-Is”. Purchaser understands and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “(i) except as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms expressly set forth in the purchase agreement (as to price this Agreement or in Seller’s Closing Documents, neither Seller nor its agents and concessionsemployees have made any representation, if any). Seller expressly disclaims any representations and/or warrantieswarranty or guaranty, express or implied, oral or written, regarding (a) compliance of the Property with any applicable law, regulation or ordinance, including, by way of example but not limited to, any land use, zoning or subdivision ordinances, any environmental laws or any health, safety and not limitation: size of the buildings and/or improvements building codes, or (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, b) any other matter regarding the legal or physical condition of the premises. If requestedProperty or title to the Property, Buyer will execute an acknowledgement at closing(ii) that Seller is not obligated to alter, repair or improve the Property, in form and substance satisfactory to Seller, affirming any manner (the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder foregoing shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. Ifnot, however, any sales tax is required to be paid in connection with the transfer of such personal propertylimit Seller’s reimbursement obligations hereunder), the same shall be the responsibility of Buyerand (iii) THE PROPERTY WILL BE CONVEYED BY SELLER IN ITS “AS-IS, which responsibility shall survive the Closing hereunderWHERE-IS, WITH ALL FAULTS” CONDITION, WITH ALL PRESENT AND FUTURE FAULTS OR DEFECTS, AND WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND FROM SELLER, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OR HABITABILITY, OTHER THAN REPRESENTATIONS AND WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT OR IN SELLER’S CLOSING DOCUMENTS.

Property Condition. a.) Buyer acknowledges offers to purchase the Property in its present condition on an as-is, where is basis. Seller has been previously occupied disclosed to Buyer all known defects and other material facts regarding the Property and will provide Buyer with an addendum to the disclosures should not any changes to the Property condition occur prior to recording. Until possession is transferred to Buyer, Seller shall maintain the Property. b.) Buyer assumes the risk that all or part of the Real Property and improvements may be expected to be inadequate, inappropriate or unusable for the purposes intended by Buyer. Before closing the purchase in accordance with this Agreement, Buyer shall make a thorough and careful examination of the same condition as a new home Real Property and improvements and assure himself/herself that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management companythe Real Property and improvements are suitable for Buyer's intended purposes. Buyer further expressly and unequivocally assumes the risk that subsequent events or undiscovered, unknown conditions may make the Real Property and improvements unsuitable for Buyer's intended purposes. Buyer expressly acknowledges and expressly agrees that the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures Real Property and the like, of whatever kind and nature, improvements are being sold in “their present "as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, where is" condition. c.) Buyer has reserves the right and exclusive obligation, at Buyer’s sole expense, to conduct duty of inspection as stated in this Agreement. Buyer has entered into this Agreement relying solely upon information and knowledge obtained from his/her own investigation or personal inspection of the Real Property and improvements. Buyer is independently responsible for verifying any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding all information about the Property including, by way of example but not limited to, zoning, covenants, codes, restrictions, square footage, and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premises. If requested, Buyer will execute an acknowledgement at closing, in form and substance satisfactory to Seller, affirming the terms contained in this Addendumflood zones. A. The following d.) All parties acknowledge that, unless otherwise stated herein, the Property is hereby added not subject to the printed portion AS 34.70 residential property disclosure statement. e.) Unless otherwise disclosed in writing to Buyer, Seller has no knowledge of eminent domain, condemnation foreclosure or other adverse proceedings against the purchase agreement: "The parties mutually agree that all rightProperty. f.) Existing liens, title rental agreements and interest of Seller in any personal property transferred hereunder service contracts, if any, shall be deemed transferred under the deed made available to Buyer with seven (7) calendar days of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. If, however, any sales tax is required to be paid in connection with the transfer of such personal property, the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereunderOffer Acceptance.

Property Condition. Buyer acknowledges the Property has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer Xxxxx further acknowledges and expressly agrees that the Property, including, without limitation, the land, buildings, improvements, appliances, fixtures and the like, of whatever kind and nature, are sold in “as is” condition with defects, known and unknown, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligation, at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premises. If requested, Buyer Xxxxx will execute an acknowledgement at closing, in form and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller Xxxxxx in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer Xxxxx for the same. If, however, any sales tax is required to be paid in connection with the transfer of such personal property, the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereunder.

Property Condition. Buyer Except as expressly set forth in this Agreement, Purchaser acknowledges the Property has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known or not reasonably subject to being known by Seller, a third-party relocation management company. Buyer further acknowledges and expressly agrees that the PropertyLots will be conveyed in their "as-is" condition, and Purchaser accepts and agrees to bear all risks regarding all attributes and conditions, latent or otherwise, of the Lots purchased by Purchaser. Purchaser has made or will make prior to each Closing its own inspection and investigation of the Lots, including, without limitation, their subsurface, soil, engineering and other conditions and requirements, whether there are any eminent domain or other public or quasi-public takings of the landLots contemplated, buildingsand all zoning and regulatory matters pertinent to the Lots. Purchaser shall purchase the Lots upon Purchaser's own inspection and investigation and not in reliance on any statement, improvementsrepresentation, appliancesinducement or agreement of Seller except as specifically provided herein. Purchaser agrees that neither Seller nor anyone acting on behalf of Seller has made any representation, fixtures guarantee or warranty whatsoever, either written or oral, concerning the Lots except as specifically set forth herein. Except for conditions caused by Seller or its employees, contractors, agents or representatives (Purchaser and its employees, contractors, agents or representatives being expressly excluded from any of the likeforegoing), of whatever kind Seller shall have no responsibility, liability or obligation subsequent to each Closing with respect to any conditions, including, without limitation, environmental conditions, or as to any other matters whatsoever respecting in any way the Lots purchased by Purchaser, and naturePurchaser hereby fully and forever releases Seller and its employees, are sold contractors, agents and representatives (except in “as is” condition with defects, known and unknowntheir respective capacities, if any. Notwithstanding the foregoing, Buyer has the right and exclusive obligationas employees, at Buyer’s sole expensecontractors, agents or representatives or Purchaser) with respect to conduct any tests, inspections, evaluations, etcsuch conditions., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding the legal or physical condition of the premises. If requested, Buyer will execute an acknowledgement at closing, in form and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. If, however, any sales tax is required to be paid in connection with the transfer of such personal property, the same shall be the responsibility of Buyer, which responsibility shall survive the Closing hereunder.

Property Condition. Except as may be set forth elsewhere in this Contract and in any of the documents executed at the Closing, effective as of the Closing, the Property is sold “as is” without warranty as to its physical condition and with all faults, defects and conditions thereon, including environmental conditions, whether known or unknown, patent or latent or otherwise. The Buyer agrees to take title to the Property “as is” and in its present condition, except that in the case of any taking by eminent domain, Section 11 below shall apply and subject to the provisions in Section 4(c) above. Except as otherwise set forth in the New Lease (as hereinafter defined) and Seller’s representations, warranties and covenants in this Contract and in any of the documents executed at the Closing (“Seller’s Warranties”), Buyer acknowledges and agrees to and with the Seller, effective as of the Closing Date, that (a) Buyer is purchasing the Property in “AS-IS” condition as of the date of the Closing with respect to any facts, circumstances, conditions and defects; (b) Seller has no obligation to repair or correct any such facts, circumstances, conditions or defects or compensate Buyer for same; (c) Buyer has undertaken (or waived the right to conduct) all such physical inspections and examinations of the Property as Buyer deems necessary or appropriate under the circumstances, and that based upon same, Buyer is and will be relying strictly and solely upon such inspections and examinations and the advice and counsel of its agents and officers, and Buyer is and will be fully satisfied that the Purchase Price is fair and adequate consideration for the Property; (d) Seller is not making and has not made any express or implied warranty or representation with respect to all or any part of the Property or the Property Information (including, but not limited to, any matters contained in documents made available or delivered to Buyer in connection with this Contract as an inducement to Buyer to enter into this Contract and thereafter to purchase the Property or for any other purpose); and (e) by reason of all of the foregoing, Buyer acknowledges the Property has been previously occupied and should not be expected to be in the same condition as a new home and that it may contain defects not known risk of future demands, claims, legal or not reasonably subject to being known by Selleradministrative proceedings, a third-party relocation management company. Buyer further acknowledges and expressly agrees that the Propertylosses, liabilities, damages, penalties, fines, liens, judgments, costs or expenses whatsoever (including, without limitation, court costs and attorneys’ fees and disbursements), whether direct or indirect, known or unknown, foreseen or unforeseen, (collectively “Demands”) which may be brought against Buyer and occasioned by any fact, circumstance, condition or defect pertaining to the landphysical condition of the Property, buildingsincluding without limitation, improvementsany and all conditions relating to soil, appliancessurface water, fixtures groundwater, stream sediment, air or other environmental media (“Environmental Conditions”). Without limitation, but for the avoidance of doubt, Environmental Conditions include the presence of any wetland, protected habitat or species; and any pollutant, as defined in any applicable federal, state, or local law, regulation, or ordinance; any asbestos containing material; hazardous or non-hazardous waste; toxic or radioactive material; petroleum product or waste; perfluorinated chemical; or any other substance or material (whether solid, liquid, or gas) that may be present, may come to be present, or may threaten to be present in, on, under or about the likeProperty. Except as otherwise set forth in the New Lease and Seller’s Warranties, effective as of the Closing Date, Buyer and its successors and assigns hereby expressly and unconditionally waive and release Seller and all of its parents, subsidiaries, affiliates and partnerships, and its and their respective members, partners, officers, directors and employees, and their respective successors, heirs and assigns and each of them (individually and collectively, the “Released Parties”) from any and all rights or Demands which Buyer, its successors or assigns may have against Seller and/or the Released Parties with respect to the condition of the Property, including with respect to the dimensions of the Land, the improvements and infrastructure (if any), development rights, permissible uses, water or water rights, topography, utilities, zoning, soil, subsoil, drainage, environmental or building laws, rules, or regulations, Environmental Conditions, or any other matters affecting or relating to the physical condition of the Property. Except as otherwise set forth in the New Lease and Seller’s Warranties, effective as of the Closing Date, this waiver includes any Demands of Buyer, its successors or assigns against Seller or a Released Party under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601, et seq. (CERCLA); the Resource Conservation Xxxxxxxx Xxx, 00 X.X.X. §0000 et seq. (RCRA); the Clean Xxxxx Xxx, 00 X.X.X. §0000 et seq. (CWA); the Safe Drinking Xxxxx Xxx, 00 X.X.X. §000x et seq. (SWDA); the Clean Air Act, 42 U.S.C. §7401 et seq. (CAA); the Occupational Safety and Health Act, 29 U.S.C. 651 et seq. (OSHA); the Toxic Substances Xxxxxxx Xxx, 00 X.X.X. §0000 et seq. (TSCA); the Emergency Planning and Right-to-Know Act of 1986, 00 X.X.X. §00000 et seq. (EPCRA); and any other applicable federal, state or local laws (including common law), rules, ordinances, orders, directives, permits, approvals, decisions or decrees, remediation standards, and regulations relating to pollution, the protection of human health or the environment, or the protection of natural resources (collectively “Environmental Laws”). Except as otherwise set forth in the New Lease and Seller’s Warranties, effective as of the Closing Date, Buyer acknowledges and agrees that the foregoing waiver and release includes all rights and claims of Buyer against Seller pertaining to the physical condition of the Property, whether heretofore or now existing or hereafter arising, or which could, might, or may be claimed to exist, of whatever kind and or nature, are sold in “as is” condition with defects, whether known and or unknown, if anysuspected or unsuspected, liquidated or unliquidated, each as though fully set forth herein at length, which in any way arise out of, or are connected with, or relate to, the physical condition of the Property existing as of the Closing Date or thereafter. Notwithstanding the foregoing, Buyer has and Seller acknowledge and agree that the right foregoing waiver and exclusive obligationrelease shall not include the liabilities listed on Schedule 7 (the “Retained Liabilities”), at Buyer’s sole expense, to conduct any tests, inspections, evaluations, etc., to determine whether Buyer wishes to acquire the Property on the terms set forth in the purchase agreement (as to price and concessions, if any). Seller expressly disclaims any representations and/or warranties, express or implied, regarding the Property including, by way of example and not limitation: size of the buildings and/or improvements (specifically including square footage and dimensions); presence or absence of hazardous, toxic or noxious substances; boundary lines or easements; and, any other matter regarding from and after the legal or physical condition of the premises. If requestedEffective Date, Buyer will execute an acknowledgement at closingSeller shall indemnify, in form reimburse, defend and substance satisfactory to Seller, affirming the terms contained in this Addendum. A. The following is hereby added to the printed portion of the purchase agreement: "The parties mutually agree that all right, title and interest of Seller in any personal property transferred hereunder shall be deemed transferred under the deed of conveyance to be delivered, but that no part of the purchase price payable hereunder shall be deemed to have been paid by Buyer for the same. If, however, any sales tax is required to be paid in connection with the transfer of such personal property, the same shall be the responsibility of hold Buyer, which responsibility and all of its parents, subsidiaries, Affiliates and partnerships, and its and their respective members, partners, officers, directors, trustees, shareholders, beneficiaries and employees, and their respective successors, heirs and assigns and each of them, harmless from and against a Retained Liability. The foregoing provisions shall survive the Closing hereunderand the consummation of the transaction contemplated by this Contract.