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126 <br />127 <br />128 <br />129 <br />130 <br />131 <br />132 <br />133 <br />134 <br />135 <br />136 <br />137 <br />138 <br />139 <br />140 <br />141 <br />142 <br />143 <br />144 <br />145 <br />146 <br />147 <br />148 <br />149 <br />150 <br />151 <br />152 <br />153 <br />154 <br />155 <br />156 <br />157 <br />158 <br />159 <br />160 <br />161 <br />162 <br />163 <br />164 <br />165 <br />166 <br />167 <br />168 <br />169 <br />170 <br />171 <br />172 <br />173 <br />174 <br />175 <br />176 <br />177 <br />178 <br />179 <br />180 <br />181 <br />182 <br />183 <br />184 <br />185 <br />186 <br />187 <br />188 <br />189 <br />190 <br />191 <br />Buyer is STRONGLY ADVISED to obtain inspections (see below) to fully determine the condition of the Property <br />and its environmental status. The ONLY way to determine if Environmental Contaminants are present at the <br />Property at harmful levels is through inspections. <br />Buyer and Seller agree to consult with appropriate experts and accept all risks for Environmental <br />Contaminants and release and hold harmless all Brokers, their companies and sales associates from any <br />and all liability, including attorney's fees and costs, arising out of or related to any inspection, Inspection <br />result, repair, disclosed defect or deficiency affecting the Property, including Environmental Contaminants. <br />This release shall survive the closing. <br />13. INSPECTIONS: (Check paragraph letter A or B) <br />Buyer has been made aware that independent inspections disclosing the condition of the property are available <br />and has been afforded the opportunity to require such inspections as a condition of this Agreement. <br />❑ A. BUYER WAIVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS <br />Buyer WAIVES inspections and relies upon the condition of the Property based upon Buyer's own <br />examination and releases the Seller, the Listing and Selling Brokers and all salespersons associated with <br />/SBUYER kers from any and all liability relating to any defect or deficiency affecting the Property, which release <br />ll survive the closing. Required FHA/VA or lender inspections are not included in this waiver. <br />RESERVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS (including Lead -Based Paint) <br />Buyer reserves the right to have independent inspections in addition to any inspection required by FHA, VA, <br />or Buyer's lender(s). All inspections are at Buyer's expense (unless noted otherwise or required by lender) by <br />licensed independent inspectors or qualified independent contractors selected by Buyer within the following <br />time periods. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's <br />inspections. <br />INSPECTION/RESPONSE PERIOD: Buyer shall order al i ependent inspections immediately after <br />acceptance of the Purchase Agreement. Buyer shall have days beginning the day following the date <br />of acceptance of the Purchase Agreement to respond to the inspection report(s) in writing to Seller (see <br />"Buyer's Inspection Response "). <br />Inspections may include but are not limited to the condition of the following systems and components: <br />heating, cooling, electrical, plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, <br />well/septic, water, wood destroying insects and organisms, lead -based paint (note: intact lead -based paint <br />that is in good condition is not necessarily a hazard), radon, mold and other biological contaminants and/or <br />the following: <br />If the initial inspection report reveals the presence of lead -based paint, radon, mold and other biological <br />contaminants, or any other condition that requires further examination or testing, then Buyer shall have <br />additional days to order, receive and respond in writing to any additional reports. <br />If the Buyer does not comply with any Inspection/Response Period or make a written objection to any <br />problem revealed in a report within the applicable Inspection/Response Period, the Property shall be <br />deemed to be acceptable. If one party fails to respond or request in writing an extension of time to <br />respond to the other party's Independent Inspection Response, then that inspection response is <br />accepted. A timely request for extension is not an acceptance of the inspection response, whether or not <br />granted. A REASONABLE TIME PERIOD TO RESPOND IS REQUIRED TO PREVENT MISUSE OF THIS <br />ACCEPTANCE PROVISION. Factors considered in determining reasonable time periods include, but are <br />not limited to, availability of responding party to respond, type and expense of repairs requested and need of <br />responding party to obtain additional opinions to formulate a response. <br />If the Buyer reasonably believes that the Inspection Report reveals a MAJOR DEFECT with the Property and <br />the Seller is unable or unwilling to remedy the defect to the Buyer's reasonable satisfaction before closing (or <br />at a time otherwise agreed to by the parties), then Buyer may terminate this Agreement or waive such defect <br />and the transaction shall proceed toward closing. Under Indiana law, "Defect" means a condition that would <br />have a significant adverse effect on the value of the Property, that would significantly impair the health or <br />safety of future occupants of the Property, or that if not repaired, removed, or replaced would significantly <br />shorten or adversely affect the expected normal life of the premises. BUYER AGREES THAT ANY <br />PROPERTY DEFECT PREVIOUSLY DISCLOSED BY SELLER, OR ROUTINE MAINTENANCE AND <br />6 d s C 'CLAP s,; s-r - J,-0. ,N y6 6,100 <br />Page 3 of 7 (Purchase Agreement) <br />Produced with ZipForm@ by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.com <br />aa.zfx <br />