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1212/17/99 11 : 4121 RYRN COMPRNIES ~ 612491212931 612 631 5969 NO.46121 P12I12I9/12I11 '. , '. 62/17/1999 18:e9 612-631-5969 PAGE ElS . site within the Property. Cancellation of said lease shaH be upon the date of co operty . /"...J,.. 21. Leases Other than BuyeT' (Lease No.), being in the name of other than. '"If'" ,Buyer. shall '. 0 uyer upon date of conveyance of the Property and will be subject to 22. Complete Agreement- TIUs Agreement cont.uns the entire Agreemeni between Seller and Buyer with respect to the PrOPen)' and, except as set forth in this Agreement, neither Seller. nor Seller's agents or employees. have made any agreements, covcnan~ WamLDties or representations of any kind or charactert express or implied, oral or written, with respect to the Property. ADDENDUM PROVISIONS 23. This Agrc~ent relates only to land. Unless orherwise herein provided. any conveyance shan exclude Seller's railroad tracks and appurtenances thereto. Seller's buildings and any other improvements on the Property, an of which may be removed by Seller within ninety (90) da.ys following conveyance of the: Property, and ifnot removed, sball be deemed abandoned by the Seller without obligation on the Seller's part and shall thereafter be and become the Property of the Buyer in place. 24, A reservation to Seller of all coal. oil. gas, casing-head gas and alJ ores and minerals of every kind and nature including sand and gravel underlying the surface of the Property. together with the full right, privilege and 1icense at any and all times to explore, or drill for and to protect, conserve, mine, take, remove and market any and ail such products in any marmer which will not d.au1s.ge strUctures on the surface of the PToperty, together with the right of access at all times to exercise said rights. 25. Seller is not a foreign person as the term is used and defined in Section 1445 of the Internal Revenue Code of 1954, as amended and the regulations promulgated thereunder. Seller shall, upon request of Buyer, complete an affidavit to this effect and deliver it to Buyer on or before closing of said sale. 26. It is specifically a.greed and understood by the parties hereto that the Buyer shall. before February 15, 1999, accept and sign this Real Estate Purchase and Sale Agreement and return same together with the 55,000.00 deposit named herein to SeJIer. Failure of the Buyer to perfonn within the time restrictions will render this Agreement null and void in its entirety. 27. Buyer has been allowed to make an inspection of the propeny and has know1edge as to the past use of the propeny. Based upon this inspection and knowledge. Buyer is/are aware of the condition of the propet1y and BUYER IS AWARE THAT BUYER IS PURCHASING THE PROPERTY ON AN "AS-IS, WHERE IS" AND "WITH ALL FAULTS" BASIS WITH ANY AND ALL PATENT AND LATENT DEFECTS, INCLUDING THOSE RELATING TO TIlE ENVIRONMENTAL CONDITION OF THE PROPERTY, AND THAT BUYER IS/ARE NOT REL VINC ON ANY REPRESENT A TION OR WARRANTIES, EXPRESS OR-IMPLIED, OF ANY KIND WHATSOEVER FROM SELLER AS TO ANY MA TIERS CONCERNING THE PROPERlY. including the physical condition of the property and any defects thereof. the presence of any hazardous substances, wastes or contaminants in, on or under the property, the condition or existence of any of the above ground or underground structures or improvements in, of or under the property, the condition of title to the property. and the leases, easements Or other agreements affecting the property. Buyer is aware of the risk that hazardo~ substances and contaminants ,L I. 5