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(a) Seller owns the fee simple title to the land described in Exhibit "A ", and has the right, power and authority to execute and deliver this Agreement and to observe and perform its obligations hereunder; (b) As of the Closing Date, there will be no parties in possession of all or any portion of the Real Estate, as the case may be, as lessees, tenants at sufferance or under any other claim to a right of continued possession; (c) To the best of the Seller's knowledge, there is no pending condemnation or similar proceeding or assessment affecting the Real Estate or any part thereof, nor has Seller received formal notice of any such proceeding or assessment by any governmental authority. (d) Seller will reasonably cooperate with and assist Buyer in obtaining the approval of all public or governmental authorities as to all matters relating to rezoning, platting, street vacations, special use permits or similar requirements for the development of the Project and in obtaining all governmental permits, licenses and approvals necessary for such development. The cost of rezoning, platting and all governmental approvals and permits shall be bome by Buyer; (e) To the best of Seller's knowledge: (i) Seller has no current or proposed plans to alter access from any public thoroughfare to or from the Real Estate, and Seller has not been notified of any such plans by any governmental authority; (ii) Seller has not caused any environmental contamination to the surface or any subsurface soil conditions on the Real Estate. (iii) Seller has not used the Real Estate as a dump site for hazardous waste, or any toxic material or substance, and Seller has not received notice from any governmental authority concerning the removal of any toxic or hazardous waste, material or substance from the Real Estate. (iv) Seller has not been notified by any federal or state authority dealing with environmental protection that there are federally protected wetlands other than the existing legal drain as may be disclosed in the Commitment; (v) Seller is not aware of any detrimental prior use of the Real Estate such as a dump site.