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1 <br />1 <br />herein, then this contract shall be void and of no effect and all <br />payments and things of value received hereunder shall be returned <br />' to Purchaser, otherwise, this contract shall remain in full force <br />and effect regardless of whether any testing has taken place. <br /> Within thirty (30) days of giving notice of its intention to <br />' rescind as provided herein; ~Purchaser shall at Purchaser's sole <br /> expense bury, cover up and remove all excavations, bores, test <br /> holes, or other surface disturbances created by Purchaser in the <br />' process of testing to whatever extent is reasonable and necessary <br /> to return the property to its original condition. Should purchaser <br /> fail to take such action to return the Property to its original <br />condition, Seller may, in its discretion, take such action and <br />Purchaser shall thereafter be liable to Seller for all costs and <br />expenses incurred in connection therewith, including reasonable <br />attorneys' fees. <br />18. Other Conditions <br />' It is understood and agreed that Seller holds title to the <br />Property as Trustee for beneficiaries named in the Last Will and <br />Testament of Grace Terry dated June 18, 1979, which Will has been <br />' admitted to probate in Case No. 91 PR 24, Mesa County District <br />Court, under the terms and conditions of trust set forth in said <br />Will. For that reason, this contract is conditioned upon Seller <br />' obtaining the consent of such beneficiaries and, after petitioning <br />the Court and following notice and hearing, an Order from the <br />District Court, Mesa County, State of Colorado, authorizing sale of <br />the Property and Inclusions under the terms and conditions set <br />' forth herein. <br />Purchaser assumes all risk of expense, loss or damage incurred <br />' by Purchaser as the result of delay or denial of the beneficiaries' <br />consent or Court Order authorizing the sale hereunder, including, <br />but not limited to, any expenses incurred by Purchaser in testing <br />' as provided in paragraph 17, any expenses incurred by Purchaser in <br />pursuing advance approval of permits, zoning changes or similar <br />authorizations from City, County, State or Federal authorities <br />incident to Purchaser's intended use of the property, and any past, <br />' present or future profits, income or other damages. <br />Seller shall exercise her best effort and judgment in seeking <br />' such consent and authorization for the sale as provided hereunder, <br />but shall not be liable, in whole or in part, for any delay or for <br />the denial of such consent or authority. Purchaser's sole and only <br />' remedies are as provided in paragraph 15. <br />19. Special Taxinc7 Districts: SPECIAL TAXING DISTRICTS MAY <br />BE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY <br />' 7 <br />1 <br />