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2 <br /> <br />Theresa Heffner <br />Department of Public Works <br />City of South Bend <br />116 S. County-City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br /> <br />2. PURCHASE PRICE AND EARNEST MONEY DEPOSIT <br /> <br />A. Purchase Price. The purchase price for the Property shall be FOUR <br />THOUSAND DOLLARS ($4,000) (the “Purchase Price”), payable by Buyer to Seller as <br />mentioned above. <br /> <br />B. Earnest Money Deposit. No earnest amount shall be required. <br /> <br />3. ACCEPTANCE OF PROPERTY “AS-IS” <br /> <br />Buyer agrees to purchase the Property “as-is, where-is” and without any representations or <br />warranties by Seller as to the condition of the property or its fitness for Buyer’s Use or any <br />particular use or purpose. Seller offers no such representation or warranty as to condition <br />or fitness, and nothing in this Agreement shall be construed to constitute such a <br />representation or warranty as to condition or fitness. <br /> <br />4. DISPUTE RESOLUTION <br /> <br />A. Forum. Any action to enforce the terms or conditions of this Agreement or <br />otherwise concerning a dispute under this Agreement will be commenced in the courts of <br />St. Joseph County, Indiana, unless the Parties mutually agree to an alternative method of <br />dispute resolution. <br /> <br />B. Waiver of Jury Trial. Both Parties hereby waive any right to trial by jury <br />with respect to any action or proceeding relating to this Agreement. <br /> <br />5. TAXES <br /> <br />Buyer, and Buyer’s successors and assigns, shall be liable for any and all real property <br />taxes assessed and levied against the Property with respect to the year in which the sale <br />occurred and for all subsequent years. Seller shall have no liability for any real property <br />taxes associated with the Property, and nothing in this Agreement shall be construed to <br />require the proration or other apportionment of real property taxes resulting in Seller’s <br />liability therefor. <br /> <br /> <br /> <br />