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<br />SECTION THREE <br />SELLER TO DISCHARGE OBLIGATIONS <br /> <br />Before commencing the work, Seller must furnish Buyer with a affidavit setting forth <br />the name, address and telephone number of each person supplying materials, equipment. <br />labor or services (including employees of contractors, subcontractors, and employees of <br />subcontractors) (collectively, "Contractors") in connection with the removal of the House and <br />an estimate of the amount which Seller will owe to each Contractor for the Contractors <br />materials, labor or services. Within 10 days of the Removal Date, Seller must provide Buyer <br />evidence that Seller has paid all Contractors in full and Mechanic's Lien waivers executed <br />by all Contractors. <br /> <br />SECTION FOUR <br />INDEMNIFICATION OF BUYER <br /> <br />Seller will indemnify Buyer against any and all liability arising from Seller's negligence <br />or Seller's failure to perform Seller's obligations under this agreement. <br /> <br />SECTION FIVE <br />DEFAULT <br /> <br />A If Seller fails to obtain and provide Buyer with. copies of the notices, permits <br />and insurance policies described in Section Two or fails to provide Buyer the Mfidavit <br />described in Section Three prior to commencing removal of the House, Buyer may <br />commence an action in Ramsey County District Court to enjoin Seller from removing the <br />House or Buyer may commence an action in Ramsey County District Court to recover <br />$2,000 which amount Seller and Buyer agree upon as a liquidated damage in light of the <br />difficulty and uncertainty of calculating Buyer's actual damages. In any such action Buyer <br />may recover from Seller Buyer's actual attorney's fees and costs. <br /> <br />B. If Seller fails to remove the House on or before the Removal Date, Seller <br />forfeits Seller's right to remove the House and Seller must convey the House to Buyer on <br />the Date of Closing, as defined in the Option Agreement, as amended. <br /> <br />C. If Seller removes the House on or before the Removal Date but fails to <br />perform any of Sellers other obligations under this Addendum, Buyer may, at Buyer's option, <br />perform the obligations of Seller that Seller failed to perform and deduct from the Purchase <br />Price, as defined in the Option Agreement, Buyer is obligated to pay Seller on the Date of <br />Closing, as defined in the Option Agreement an amount equal to the cost Buyer incurs, or <br />Buyer reasonably anticipates Buyer will incur to fully perform Seller's obligations under this <br />Agreement. <br /> <br />357024.2 <br /> <br />3 <br />