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• <br />VI -A <br />accomplished by Buyer delivering written notice to the <br />Seller stating that the conditions have been satisfied or <br />removed. Said notice may be mailed to the Seller in care of <br />Paul Borg, 1251 Weet County Road B2, Roseville, MN 55113, <br />and for the purpc se of determining the time of satisfaction <br />or removal, the postmark on any written notice shall be <br />deemed to constitute the date of satisfaction or removal. <br />11. SURVIVAL OF REPRESENTATIONS. <br />All statements container: in any financial materials or other <br />instruments delivered by or on behalf of the Seller pursuant <br />hereto or in connection with the transaction contemplated <br />hereby, shall be deemed representations and warranties by <br />the Seller hereunder. All representations, warranties, and <br />agreements made by the Seller in this Agreement or pursuant <br />hereto shall be deemed joint and several, except as other- <br />wise expressly stated, and shall survive closing. <br />12. BROKERAGE SERVICES AND COMMISSIONS. <br />The Seller covenants and agrees to pay any and all real <br />estate brokerage commissions which are or may become due by <br />reason of this transaction, and further agrees that the <br />earnest money paid herein shall be held, in trust, pursuant <br />_ to the provisions hereof, ,for the benefit of the parties, as <br />their interests may appear, by Seller. <br />13. BINDING EFFECT. <br />This Agreement shall be binding upon and shall inure to the <br />benefit of the respective parties and their heirs, suc- <br />cessors and assigns. <br />14. DEFAULT BY BUYER. <br />In the event: the Buyer shall default in the performance of <br />its obligations hereunder, and the Seller shall have per- <br />formed or tendered performance of all of its obligations <br />hereunder, and said default shall continue for a period of <br />10 days, then, in that event, the Seller shall be entitled <br />to terminate this Agreement pursuant to Minn. Stat. S559.21, <br />the period within which the Buyer may cure any default shall <br />be thirty (30) days from and after service of notice which <br />complies with Minn. Stat. S559.21; and, on such termination, <br />all payments made upon this Agreement shall be forfeited by <br />the Buyer and retained by the Seller and the Seller's agent, <br />if any, as liquidated damages, time being of the essence <br />hereof, which shall be Seller's sole remedy against Buyer.. <br />-8- VI -A <br />