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201807561 <br />the Landlord for the reminder of the Lease Term and assume all liabilities and obligations <br />under that Lease Agreement. If for any reason Seller is unable to transfer the lease to the <br />Buyer, this agreement shall become void and Buyer will be refunded all payments made <br />after deduction of $1,500 per month of occupancy from November 1, 2018. <br />8. Seller shall pay the general real estate taxes and special assessments for the property for the <br />year 2018 and all prior years. Buyer shall pay all 2049 and succeeding year taxes and <br />assessments. A prorated amount for the months of November and December 2018 shall be <br />made by the Seller to the Buyer. Further, Buyer agrees to pay any transaction tax pursuant <br />to this Purchase agreement and to hold the Seller harmless from that obligation. <br />9. Upon Closing, Seller shall convey the Personal Property to the Buyer by Bill of Sale free and <br />clear of all liens and encumbrances except: that land lease with Union Pacific Railroad <br />Company. <br />a. Should Buyer fail to make all payments under the Promissory Note/Mortgage <br />discussed herein, title to the Personal Property being sold hereunder shall convert <br />back to Seller, free and clear of all liens and encumbrances except those in place on <br />November 1, 2018. Buyer shall remain liable for any and all payments under the <br />Promissory Note. <br />10. The buildings and all other personal property now located on the property is included in this <br />sale. <br />11. Environmental Representations. Expressly limited in scope to the period during which the <br />Seller has owned and maintained possession of the real estate herein above described, <br />Seller makes the following environmental representation to the Buyer: <br />a. No governmental agency has notified the Seller of any violation of any <br />environmental law or regulation on the real estate. <br />b. Seller is unaware of any civil action, either threatened or commenced, arising out of <br />any alleged environmental mishap occurring on the real estate. <br />c. Buyer shall remain liable for any use, environmental mishap, violation, or release of <br />hazardous substance on the property after November 1, 2018 <br />12. Disclaimer of Warranties. Seller shall provide possession of the personal property to the <br />Buyer in its "AS IS" condition as of November 1, 2018 and makes NO WARRANTY, expressed <br />or implied, other than as may be set forth specifically in this Agreement. Buyer represents <br />that he is fully aware of all aspects of the property and accepts the property "AS IS", <br />"WHERE IS", and "WITHOUT WARRANTY". Buyer further acknowledges that upon <br />proceeding to closing, he will be deemed to have made a personal inspection and <br />investigation of the premises and personal property and to have entered into this <br />Agreement based upon such personal inspection and investigation, it being understood that <br />Page 2 of 5 <br />