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(b) IF SELLER IS IN DEFAULT:
<br />Buyer may elect to treat this contract as cancelled, in which case all payments and things of
<br />value received hereunder shall be returned and Buyer may recover such damages as may be
<br />proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer
<br />shall have the right to specific performance or damages, or both.
<br />(c) COSTS AND EXPENSES.
<br />Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation
<br />arising out of this contract, the arbitrator or court shall awazd to the prevailing party all
<br />reasonable costs and expenses, including attomey fees.
<br />19. EARNESTMONEYDISPUTE. Notwithstandinganyterminationofthiscontract,
<br />Buyer and Seller agree that, in the event of any controversy regazding the earnest money and things
<br />of value held by Seller, unless mutual written instructions are received by the holder of the earnest
<br />money and things of value, Seller shall not be required to take any action but may await any
<br />proceeding, or at Seller's option and sole discretion, may interplead all parties and deposit any
<br />moneys or things of value into a court of competent jurisdiction and shall recover court costs and
<br />reasonable attorney fees, not to exceed $1,500.
<br />20. ADDITIONAL PROVISIONS:
<br />a. Seller does not warrant: boundary fences, matters of survey, or against rights
<br />of third parties gained by adverse possession, if any.
<br />b. Defects. There is no condition known to Seller existing with respect to the
<br />Property or the operation thereof, or any part thereof, which violates any law, rule, regulation,
<br />ordinance, code, order, decree or ruling of any local, state or federal government, agency or court.
<br />Seller has not received, notice, written or otherwise, from any governmental orquasi-governmental
<br />agency, requiring the correction of any condition with respect to the Property, or any part thereof.
<br />Seller has not received notice of, and has no other knowledge or information of, any pending or
<br />contemplated litigation or condemnation action with respect to the Property, or any part thereof.
<br />c. "AS-IS" Nature of Sale. Buyer acknowledges and agrees that Seller has not
<br />made, does not make and specifically negates and disclaims any representations, warranties,
<br />promises, covenants, agreements orguaranties ofanykind orchazacterwhatsoever, whether express
<br />or implied, verbal or written, past, present or future, of, as to, concerning or with respect to: (a) the
<br />value, nature, quality or condition of the Property, including, without limitation, the water, soil and
<br />geology; (b) the income to be derived from the Property; (c) the suitability of the Property for any
<br />and all activities and uses which Buyer may conduct thereon; (d) the compliance of or by the
<br />Property or its operation with any laws, rules, ordinances or regulations of any applicable
<br />governmental authority orbody (except as set forth in ¶20(b); or (e) the habitability, merchantability,
<br />mazketability, profitability or fitness for a particular purpose ofthe Property, and Buyer specifically
<br />disclaims any representations regarding compliance with any environmental protection, pollution
<br />or land use laws, rules, regulations, orders or requirements, including solid waste, or the disposal or
<br />existence, in or on the Property, or asbestos or any hazardous substance. Buyer further
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