Offer To Purchase Real Estate (Page 4 of 7) in pdf

10. Broker. The Purchaser represents and warrants (Purchaser must select the Alternative that

applies, by initialing the appropriate space below. If Purchaser fails to complete this section,

then the First Alternative applies):

[First Alternative] initials _____: Purchaser has dealt with no broker, finder or drummer; and no

real estate sales commission, finder’s fee or other charge of any kind is due or shall arise with

respect to the conveyance contemplated herein.

[Second Alternative] initials _____: Purchaser has dealt with no broker, finder or drummer,

other than ____________________________________________ (fill in name of broker), and

(except for any compensation, fee or other charge which Purchaser has agreed to pay separately

to said party, with no deduction from the Purchase Price) no real estate sales commission,

finder’s fee or other charge of any kind is due or shall arise with respect to the conveyance

contemplated herein.

Purchaser shall indemnify and hold the Receiver harmless from and against any liability or

damage, including counsel fees, incurred by the Receiver and arising from a breach of the

representations and warranties set forth herein. Such representations, warranties and agreement

of indemnity shall survive the Closing.

11. Representations, Warranties and Covenants of Purchaser; Conveyance of Improvements and

Other Property “AS IS”. Purchaser represents and warrants that it is not relying upon any

warranty, statement or representation, express or implied, made by or on behalf of Receiver as to

any matter whatsoever with respect to the Parcel, including zoning matters, the structural

condition of any property conveyed hereunder, the merchantability of any portion or the

suitability of any portion of the Parcel for any particular use or as to any adverse claims with

respect to the Parcel. Purchaser has made its own structural, termite and other inspections which

Purchaser deems appropriate prior to execution of this Offer. Purchaser agrees that it has had

full and adequate opportunity to inspect the Parcel, and agrees that conveyance thereof shall be

accepted “AS IS” and “WHERE IS.”

12. Notice. In the event that notice is necessary or desirable under the provisions hereof, it shall

be given by first-class mail, postage prepaid, mailed to the addressee at the addresses set forth for

each party herein.

13. Offer Not to be Recorded. Purchaser agrees not to record or cause this Offer to be recorded

with the land evidence records and that, should this Offer be so recorded by or on behalf of

Purchaser in breach of this provision, a default by Purchaser shall be deemed to have occurred

and Receiver shall have the right to terminate this Offer by recording with said land evidence

records a written notice of termination, executed by Receiver only. Purchaser hereby appoints

Receiver as Purchaser’s attorney-in-fact for such purpose.

14. Entire Offer, Binding Effect. This Offer merges any and all understandings and agreements

between Purchaser and Receiver with respect to the Parcel and shall bind and inure to the benefit

of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

Rev: 1/6/14

Offer To Purchase Real Estate Page 4