Page 1 - AFFIDAVITE OF DIFFERING SITE CONDITION

AFFIDAVIT OF DIFFERING SITE CONDITION

LIABILITY AND INDEMITY RELEASE AGREEMENT

A differing site condition is a physical characteristic of the property that materially changes the construction techniques necessary to
fulfill the terms of a contract. Examples of differing site conditions are subsurface or latent physical conditions at the site differing
materially from those that would be on a standard building site. Sometimes preliminary planning or surveying will discover depressions
or sunken areas or other natural phenomena on various properties. This can be known or unknown physical conditions of an unusual
nature located on the building site such as sinkholes, artesian springs,(wet weather springs) rock outcroppings, ledges, or other natural
occurring conditions.

When these items are discovered or found an engineer or other expert in this kind of phenomena will be secured to determine the best
coarse of action and if any remedial action is necessary to make the building site suitable for a structure. We as the builder FORTRESS
BUILDERS, INC. will do everything within our power to comply with any and all remedial steps that are necessary so that the building
process will be safe and secure. All diligence is used to see if any of the differing site conditions exits but this does not mean that all
such conditions are found or known, they may exist unknown to the builder or others. If there is concern adequate qualified firms should
be hired by the buyer to search out items of concern.

I understand that FORTRESS BUILDERS, INC. has used or will use ever means available to see that all remedial steps necessary to
render the building site safe and secure have or will be followed. I understand that where necessary an engineer, other expert, or public
official has or will be utilized and whatever remedial action deemed necessary has or will be done. Typically a written proposal for
remedial action or lack thereof will be received by said firm and accepted. Often preliminary visits are necessary with periodic or task
oriented follow-up visits to insure that any remedial action is being carried out. I understand that any action that was required or deemed
appropriate will be done to the best of human ability and that I will receive whatever documentation and approval available for this site.

DISCLAIMER: Seller and Buyer acknowledge that they have not relied upon the advice or representations, if any, of the Seller (or
Seller’s agents) Broker (or Broker’s associated salesperson), City Official, Engineer, or other expert relative to the legal consequences of
this contract in the sale of the Property, the purchase and ownership of the Property, the structural condition of the Property, the condition
of the availability of utilities to the Property, Zoning ordinances or the investment potential or resale value of the Property. Seller and
Buyer both acknowledge that if such matters have been of concern to them, they have sought and obtained independent advice relative
thereto and or additional insurance. While the house has or will generally be constructed according to basic plans and specifications
contained in the contract documents, the buyer understands that the house may not correspond in many respects with those plans and
specifications because changes may have been made before or during construction. These changes may be attributed to a variety of
events, including changes in topography, construction techniques, building codes, the availability of material, or other events. The buyer
understands that the builder is not obligated to furnish any "as built" plans, specifications, or drawings of the house, and the buyer has not
relied on any plans or specifications that are on file with any governmental or regulatory authority. The buyer also understands that the
house may differ in many respects from the models, drawings, maps, pictures, or other depictions of the house the buyer was shown. The
buyer acknowledges that variations may exist in the outside and inside dimensions, configurations, colors, location, general appearance,
type or brand of equipment, and other characteristics. The buyer will have ample opportunity to measure the square footage and has done
so or elected not to do so. By closing the property the buyer acknowledge that he has or will accept the property as is; by closing and is
not entitled to other compensation or legal action other than as stated in the contract and warranty documents.

I assume the risks set forth above and agree to release, indemnify, and hold harmless FORTRESS
BUILDERS, INC. and its officer’s directors, shareholders, employees and agents from any liability
resulting from the negligence or other acts of FORTRESS BUILDERS, INC. agents and employees,
failed to following on (Lot and Subdivision)
_______________________________________________construction site. In addition I hereby
release and discharge FORTRESS BUILDERS, INC. its agents and employees, from all claims and
actions that my heirs, my invited visitors, or legal representatives now have or may hereafter have, for
injury or damages arising out of or related to differing site conditions upon (Lot and
Subdivision)_______________________________________________construction site.

I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND ITS CONTENTS. I
AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND LIMITS MY RIGHTS TO SUE
FORTRESS BUILDERS, INC. IN THE EVENT OF INJURY, DEATH OR PROPERTY DAMAGE TO
MYSELF OR ANY MEMBER OF MY FAMILY, AND I SIGN IT OF MY OWN FREE WILL.

Dated: _______________

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