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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 Seiler in care of <br />Paul Borg, 1251 West County Road B2, Roseville, MN 55113, <br />and for the purpose 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 REPF'ESENTATIONS. <br />All statements contained 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 nt <br />to the provisions hereof, for the benefit of the parties,laas <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 <br />its obligations hereunder, and the Seller shall performance <br />cper- <br />formed or tendered performance of all of its obligations <br />hereundert and said default shall continue for a period of <br />10_days, then, in that event, t e e erg ll be entitled <br />to terminate this Agreement pursuant to Minn. <br />t on w oc �a . §559.21, <br />CUTbe thirt (30 ) da s from and uafter service nof noti efauIt shall <br />complies with Minn. Stat. §559.21; and, on such termination,o <br />all payments made upon this Agreement shall be forfeited by <br />the Buyer an retain d b the Seller an a Sell s agent, <br />i any, as liquidated damages, ome eing of the essence <br />hereof, which shall be Seller's sole remedy against Buyer. <br />am <br />