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forth a list of all services, proof of payment or lien waivers for any lienable services, and a quit claim deed. if the Purchase Agreement is not terminated by Buyer on or before the Contingency Date, thereafter the Earnest Money shall be.non refundable unless Seller is. unable to convey marketable title, i)'pon termination of this agreement, neither party will. have any further rights or obligations regarding this Agreement or the Property except as to Seller's right to enforce Buyer's obligations under any guarantees and indemnification agreements. All the contingencies set forth in this Agreement are specifically stated and agreed by the parties.. if Buyer sloes not terminate the Purchase Agreement. on or before the "Contingency Date" and fails to Close this txansaction,..Seller tray serve Thirty (30) days notice and cancel this Agreement and all .of the.Earnest Money paid shall be retained by Seller as iiquidated.damages.. 4; Seller's Contin encies. The obligations of Seller to close this Agreement are contingent upon each of the following: (a) Representations and Warranties. The representations and warranties.of Buyer contained in this Agreement must be true now and on the Closing Date as if made on the Closing Date. (b) ancellation of Purchase A Bement with Landmark Gem Lake LLC. Seller's obligation to. perform shall be contingent upon Seller's successful termination of Landmark Gem Lake LLC's`purchase agreement dated.October 19, 2015 as .amended on August 22, 201b. (c) Bu er Closing SiM_ultarxeousiv on the rurcnase vs tints PU U60114 .,.0., rl.._k'01 Seller's obligation to perform under this Agreement shalf be contingent upon Buyer simultaneously closing on the. adjacent 10.85 acres of property also owned by Seller pursuant to the terms of a Purchase agreement dated the same date as this Agreement for the purchase of the property described in Exhibit "C" attached hereto. 5. Closina Date_. The clasit►g of the purchase and sale contemplated by this Agreement (the "Closing") shall occur on or before August,/; 2017. The Closing shall take place at the office of the Title Company or at.such other place as may be agreed to by the parties. Seller agrees to deliver possession of the Property to Buyer on the Closing Date subject to the 2017 Farm Lease. (a) Seller's Closing Documents. On. the Closing Date, Seller shall execute and/or deliver to Buyer the following (collectively, "Seller's Closing Docurn.ents"): (1) Deed. A Warranty Deed, in form reasonably satisfactory to Buyer and/or the Title Company, conveying. the.P.roperty to Buyer, free and%clear of all encumbrances, except the Permitted Encut6binces hereafter defined. (2) Seller's Affidavit_ An Affidavit of Title by Seller (MIN Form # 50.1.3). indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax Iiens or bankruptcies against or involving Seller or the Property; that there has been no skill, labor or material furnished at Seller's request to the Property far which payment has not been made and for which mechanics' liens could be filed, and that there are no other unrecorded interests in the Pioperty; together with whatever standard owner's affidavit and/or in[lemnaty (ALTA Foim} which may be required by the Title Company to issue an Owner's Policy of Title insurance with. the standard exceptions other than survey waived. _3w