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0 <br /> DECEIVED <br /> AUG 1 61QQn <br /> ADDENDUM TO PURCHASE AGRBHM= ENVIRONIMFN- 1_: ,t TFC <br /> In' reference to the Purchase Agreement and Deposit Receipt <br /> betweensALEE KAHN, the Purchaser, and, CARL W. YEARING and MURIEL <br /> E. YEARING, the Seller; dated April 25, 1989 covering <br /> the real property commonly known as Service Station Property <br /> located at 521 N . Cherokee Lane , Lodi , California , the <br /> undersigned Purchaser and Seller hereby agree to the following: <br /> Seller has informed Purchaser that portions of the subject <br /> real property have been polluted by leakage of gasoline. The <br /> polluted condition of said property is disclosed in the Applied <br /> GeoSystems Report of September 21 , 1988 . Purchaser hereby <br /> acknowledges receipt of a copy of said report. With regard to <br /> the polluted condition of the subject property, Purchaser agrees <br /> as follows: <br /> 1 . To indemnify , defend , and hold Seller harmless from all <br /> claims relating thereto, including, but not limited to claims for <br /> personal injuries , property damages , civil and criminal <br /> penalties, and clean-up expenses. <br /> 2 . Purchaser hereby accepts the subject real property "As <br /> Is" in its present condition, and releases and forever discharges <br /> Seller from all claims and liability that Seller may have to <br /> Purchaser on account of the condition of said property , <br /> including , but not limited to liabilities or claims relating to <br /> civil or criminal penalties imposed on Purchaser because of the <br /> aforesaid pollution; pollution clean-up expenses which Purchaser <br /> shall incur, and ; liabilities for personal injuries or property <br /> damages caused by said pollution whether past , present, or <br /> future. Purchaser hereby waives his rights under Section 1542 of <br /> the California Civil Code, which Section provides as follows: "A <br /> general release does not extend to claims which the creditor does <br /> not know or suspect to exist in his favor at the time of <br /> executing the release, which if known by him mdst have materially <br /> affected his settlement with the debtor. " <br /> The indemnification and release provisions of this Agreement <br /> shall inure to the benefit of and bind the heirs, successors , and <br /> assigns of the parties. <br /> Dated: Dated: <br /> 7, ti <br /> a <br />