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DEC-12-97 FRI 1356 SIEGI~' COMPANIES FRX NO, 3032 008 <br />8 1309 REC 0226!'5'"" 08/30/9]. 08:59 ~~ `'0 3/011 <br />• F 1193 MARY ANN `r' dRSTEIN CLERK & RECORLsF. JELD CO, CO <br />P, 07 <br />effect and Seller shall have the right to an action for <br />specific performance or damages, or both. <br />(c) Anything to the contrary herein notwithstanding, in the <br />event of any litigation arising out of this contract, the <br />court may award to the prevailing party all reasonable costs <br />and expenses, including attorney's fees. <br />-. <br />8. Possession of said Parcel(s) shall be delivered to <br />Purchaser upon closing and shall not be subject to any leases or <br />tenancies, except those items listed in the attached "Exhibit 8". <br />9. Seller represents and warrants as of the day hereof and <br />as of the date of the closing that neither the execution of this <br />contract nor the consummation of the transaction provided for <br />herein constitutes, or will result in, any breach of any of the <br />terms, conditions, or provisions, or constitute a default under <br />any indenture, charter, bylaw, mortgage, loan agreement, lien, <br />lease, license, judgment, decree, order, instrument or other <br />verbal or written agreement to which Seller is a party of or is <br />subject to, or to which the property is subject to, except as <br />provided herein. <br />10. In the event the property is substantially damaged by <br />fire, Elood, or other casualty between the date of this contract <br />and the date of delivery of the Deed, Purchaser may elect to <br />terminate this contract; in which case, all payments and things <br />of value received hereunder shall be returned to Purchaser. <br />-. <br />11. All of the condlClons stated hereln shall be in full <br />force and effect, notwithstanding the conveyance of said <br />Parcel(s) by warranty deed as outlined In paragraph 2 above, and <br />shall not merge with said Warranty Deed. <br />12. Sellers shall transfer one share of Rural Ditch Company <br />water which shall be Lncluded in the consideration mentioned on <br />page 1 of this Agreement. <br />13. Seller agrees to apply for and cooperate in pursuing <br />amendments to Use by Special Review Pernits Nos. 636 and 484 at <br />the same time that Purchaser applies for the Use by Special <br />Review Permit for the parcel described in the attached Exhibit A, <br />but in any event, no later than November 1, 1991. Said <br />amendments shall exclude the area purchased by Purchaser and <br />described in said Exhibit A. Purchaser will assist Seller in <br />preparing said application(s). <br />14. Seller shall retain the right to lease the property <br />described in Exhibit A for farming and grazing until Purchaser <br />begins mining or sells said property. The Lease Ear Said <br />g~acinq shall be execuCed simultaneously with this Agreement. As <br />consideration for said lease, Seller shall maintain all weeds in <br />Page ] of Pages <br />