Purchase and Sale Agreement - Musser Bros. Auctioneers

4) Except for such rights of PURCHASER as result from SELLER’S explicit
representations or contractual obligations hereunder, from and after the
closing, PURCHASER hereby assumes all risks associated with ownership of
the property and any defects that may be located thereon or associated
therewith of any type or nature whatsoever, and PURCHASER shall be solely
responsible for and shall indemnify, protect, defend and hold SELLER harmless
from, all costs (including attorneys’ fees and court costs), expenses and all
other claims, demands, costs, expenses, causes of action or other matters
incurred in or associated with such ownership and with the presence, removal
or repair of any such defect; provided, however, the indemnity of PURCHASER
as set forth in this Section shall not extend to any third party claims brought
directly against SELLER as a result of an event which occurred prior to the
closing date.
17) PROPERTY CONDITION DISCLOSURE REPORT: Purchaser acknowledges
receipt of a disclosure statement prepared pursuant to RCW 64.06. Purchaser is
advised to use due diligence to inspect the property to Purchaser’s satisfaction, as
Seller may not know or have reason to know of defects that careful inspection might
reveal. The parties agree that Purchaser will not have a remedy for economic loss
resulting from negligent errors, inaccuracies, or omissions. Purchaser assumes the
risk of economic loss that may result from Seller’s negligent misrepresentations.
Purchaser acknowledges that home protection plans may be available which may
provide additional protection and benefit to Purchaser.
Purchaser’s Initials:
_____________
Seller’s Initials:
____________
18) CASUALTY LOSS: If, prior to closing, the property is destroyed or materially
damaged by any means, Buyer may elect to terminate this Agreement and the
earnest money shall be refunded to Buyer.
19) FIXTURES, IMPROVEMENTS: All attached appliances, attached floor coverings,
attached television antenna, window screens, screen doors, storm windows, storm
doors, plumbing and lighting fixtures (except floor, standing, and swag lamps), shades
and venetian blinds, curtain rods, attached bathroom fixtures, trees, plants, shrubbery,
water heating apparatus and fixtures, awnings, ventilating, cooling and heating
systems including built in and "drop in" ranges and all other fixtures that are now on
the premises shall be included in the sale.
20) OPEN SPACE DESIGNATION: If the property, or any portion, is designated open
space and if purchaser removes the property from open space, purchaser shall be
responsible for all look back taxes.
Real Estate Purchase and Sale Agreement Page 6 of 8