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6C 2
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06-14-11 Packet
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6C 2
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11/1/2012 2:27:12 PM
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6/10/2011 12:43:56 PM
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affidavits and certificates necessary to consummate the transaction contemplated <br />herein, and (iii) will take all additional action that is reasonably necessary or <br />appropriate to effect and facilitate the consummation of the sale and purchase <br />transaction contemplated herein, as may be required by the Title Company. <br />(b) Seller has not been notified of and has no knowledge pertaining to any possible <br />existing or future improvements that might create an assessment against any part of the <br />Property. <br />(c) Seller has received no notice and has no knowledge of any pending, or threatened <br />taking or condemnation of the Property or any portion thereof. <br />(d) Seller will not further sell, encumber, convey, or assign, or contract to sell, <br />encumber, convey, assign, pledge, or lease all or any part of the Property or restrict the <br />use of all or any part of the Property or take or cause to be taken any action in conflict <br />with this Agreement at any time between the Seller's acceptance hereof and (i) Closing <br />or (ii) the earlier termination of this Agreement pursuant to its terms. Seller <br />additionally hereby represents and warrants that no rights -of -first refusal or similar <br />agreements exist in connection with the Property which would in any way interfere <br />with Purchaser's ability to purchase the Property as provided herein or which are in any <br />way in contravention of the spirit and intent of this Agreement. Notwithstanding the <br />foregoing, nothing in this Agreement shall prohibit the Seller from apprising third <br />parties of the status of the Property. <br />(e) Neither the entering into of this Agreement nor the consummation of the transaction <br />contemplated hereby will constitute or result in a violation or breach by Seller of any <br />judgment, order, writ, injunction, or decree issued against or imposed upon it or <br />contract to which it is a party or will result in a violation by Seller of any applicable <br />law, order, rule, or regulation of any governmental authority. There is no action, suit, <br />proceeding or investigation pending which would become a cloud on the title to the <br />Property or any portion thereof or which questions the validity or enforceability of the <br />transaction contemplated by this Agreement or any action taken pursuant hereto in any <br />court or before or by any federal, district, county, or municipal department, <br />commission, board, bureau, agency or other governmental instrumentality, nor does <br />Seller have any knowledge that any such action, suit, proceeding or investigation is <br />threatened. <br />(f) Seller has no knowledge of, nor has Seller received any notice of, any actual or <br />threatened action, litigation, or proceeding by any organization, person, individual or <br />governmental agency (including governmental actions under condemnation authority or <br />proceedings similar thereto) against the Property or Seller, in Seller's capacity as the <br />owner of the Property, nor has any such organization, person, individual or <br />governmental agency communicated to Seller anything which Seller believes to be a <br />threat of any such action, litigation or proceeding. <br />
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