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Die-01-02 12~21p~ FrorPllllt fOfTER CO 1022titDF1 T-101 F.01/21 f-Q6 <br />of-way have been pftysleelfy Vblafad In any rasped. In the evert the Rams reflected <br />Bf the Survey aro not in conformance with the pmvbbna of lids paragraph and <br />wrtten notice of Buyer's objections b received by Soler within ten (10) calendar <br />days from the date of receipt of said survey by Buyer, SeAer shell have a period of <br />ten calendar days from the data of receipt of said notice In whkh to curo arty such <br />defects. In the event such detects aro nil cured within saki ten (10) calendarday <br />period, fhb contract sheA terminate at Buyers option. tl said written notice of <br />Buyer's objections to the Survey is nil received by Seller ord Buyer sleds fo waive <br />the objections to the Survey, the Survey shaA be accepted erxl this contract shall <br />remain in full force and effect <br />e.) pus pRigence Contlngency. The dosing af>hb centred b contingent upon Buyer, <br />at BuyeYs sole cost and expense, conducting aA necessary Imestlgations, inducting <br />but not limited to core test drAAng, which shop be completed within ninety (g0) <br />ro3lerrdar days from MEC, and investigation of Seller's mineral rights, inducting aA <br />sand aggregate and gravel rights to determine the feas3Aity of Buyer's Intended use <br />for sand and gravel mining. In order to keep disturbance of the exbting fanning <br />operation to a minimum, Buyer agrees to coordlnata with Seiler in establishing <br />access routes to ddlAng sites. ft Buyer is not satisfled with the results of said <br />tnvestlgatlon and vrtiRen notce thereof b received 6y Seller within ninety (00) <br />calendar days from MC-C, this centred shatl terminate. If said written notice b not <br />received by Seller within the time period spedfied above, this contingency shall be <br />waived and the ntred shop remain in fuA farce and efiecl in which evert an <br />additlonalshaA 6e deposRed with TRIe Company, which shall be non- <br />refundable b ppry against purchase prtce at dosing. <br />f.) Sollars Cooperetlon. Seller agrees to fuly cooperate with Buyer In applying for <br />and obtaining appropriate govemmetrtal approvals for sand and gravel operations. <br />All such appAcations and approvals shop be at the sole cost of the Buyer, and no <br />actlon shop be taken prior to dosing which wiU grevocably obligate the Seller or <br />encumber the Property, without the express consent of the Seller. <br />g.) Property Access. At aA times after MEC, Buyer shall have the ~ht of access to <br />the Property witlwut charge to test, Inspect, and evaluate the Property as Buyer <br />deems appropriate. Ali such tests, Inspectlons end evaluations shall ba done in a <br />manner as to try nil to damage any growing crops. <br />h.) Environmonfal Report. Buyer shall have the opton to obtain, at fts sole oust, an <br />environmental report concerning hazardous material on the Property. Buyer shall <br />have forty-five (45) days from MEC within which to give Seiler wdttan notice of any <br />objection to the condition of the Property as disclosed by such envvanmental report <br />j,j Ponnits and Approvab Contlngenry. The dosing of thb contrail b cordingent <br />upon Buyer, at BuyePs sob cost and expense, obtaining aA necessary <br />govemtneMal pemtRs and approval as for minlr>A of sand and grovel wIUUn eighteen <br />(18) months from fha satisfaction or waiver of the Due DiAgence Contingency set <br />forth In Sedlon 21(e) ('Due DlAgence Contingencr7. <br />j.) Earnest Money paposft Redemption. The earnest money check hereunder shall <br />he non-refundable. <br />k.) Earnest Money Nonrefundable. The earnest money check recelpted for herein <br />and the additional earnest money deposits set forth In Section 21(e) shall apply <br />against the purdrase price, shall 6e nonrefundable, and shoo become the sale and <br />exdushre property of the Salter except in the evert of Sellers falure to perform <br />under this contract or defrver good and merchantable title pursuant to Sections 7 <br />and 8 hereof. <br />1.) Earnest Money pcpositAntsrsat-Bearing Account Upon deposR of the earnest <br />money check and receipt of the addttlortal earnest money deposits as set forth in <br />tiection 21(e), sold deposits shall be placed in an hlte2st-beating account or <br />