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02/17/99 11: 39 RYAN COMPANIES ? 6124902931 612 631 5969 NO.460 P008/011 62/17/1999 18:e9 612-631-5969 PAGE: 67 indemnifies the Buyer for all loss arising out of Seller's failure [0 have a judgment lim so settJed ;:and satisfied. AU outstanding assessments tevied or due in the year the deed is delivered shall be paid by Buyer. 13. General Real Estate Taxcs--Rcal estate taxes or assessments payable or paid in the year the d~ed is delivered shall be prorated by Seller and Buyer as of the date on which the deed is delivered on the basis of the most recent ascertainable taxes assessed against the subjec.t Property, or as may be equitabl)' apponioned rhereto by the Seller if the Property is not separately assessed or unless the payment of same has been ass\Uncd by a tenant under an existing lease to be assigned to Buyer. 14. Tranlfer Taxes--Buyer agrees to purchase, affix and cancel any and all documentary stamps in the amount prescribed by statute. and to pay any and aU ~uired transfer taxCS, ex,ise taxes and any and all fees incidental to recordation of the conveymce instrument. In the event of Buyer's failure to do so. if the Sener shaH be obligated so to do. the buyer sball be liable far all costs, expenses aud judgments 10 or against the Seller, including a11 of Seller's legal fees and expenses and same shall constitute a lien against the Property to be conveyed until paid by the Buyer. 15. Notices and Demands-All notices. demands. payments and other instrumenlS required or permitted to be given or served by either party shall be in writing and deemed to have been given or served by either party if sent by registered or certified mail, addressed to the othcr party at the addrcss shown nerem. 16. Governmental Approval-If the approval of any govemmenral agency is required for the sate of the Property, it is understood and agreed that this Agreement is subject thereto and that both parties shall use their best effortS to obtain such approval. The closing. date shall be extended for such period as may be required to obtain such approval. In the event said approval cannot be obtained. either party may terminate this Agreement without liabiliry to the othert eXcept thai Seller shall return the deposit to Buyer. In the event a city. county. or other gove:ming authority wherein said Property is located requires a surveyor plat or has a subdivision ordinance. the Buyer shall obtain such survey or p]a~ all at Buyer's sole tost and expcnse- The surveyor plat shall be submitted by Buyer to Seller for review and approval prior to recording and within a period of forry-five (4S) days after the date of Seller's acceptance Qfthis offer. 17. Deposit Authorization-Buyer hereby au.thorizes SeUer to cash any checks that may be delivered. to SeHer as a deposit or option payment. and to take the amount of any such deposit or option payment into its accounts, with tb.e undemanding that it will not constitute acceptance of this offer; provided, however. that such authorization is given with the understanding that in the event the offa- is not accepted the SeUer agrees to refund the amount of any deposit in fulL 18. Rail Service-Nothing in this Agreement shall prevent Seller from discontinuing service over any raih-oad line or Jines by which. rail service may be provided to the Pfopcrty_ ~~ rentals unless such prepaid or Wtearned rentals for each lease exceeds the sum L)' 20. Lease Rentals Conrinuanc ase--Suyer agrees to keep rentals, (axes and other charge$ payable to e tenns of Ie4L5e(~) (Lease No.) fully pnpaid with any refund or . . 4