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execute and deliver all documents and instruments required of SELLER <br />under the provisions of this Agreement. <br /> <br />(ii) <br /> <br />SELLER has received no notice of any litigation or proceedings pending <br />or threatened which relate to the Property or SELLER'S ownership <br />thereof which could adversely affect title to the Property, could interfere <br />with the continued use of the Property as it is being presently used or <br />which could interfere with the consummation of this Agreement. <br /> <br />(iii) <br /> <br />SELLER has good and marketable title to the Property subject to the <br />Permitted Encumbrances (as defined in Section 5). <br /> <br />(iv) <br /> <br />Utilities. SELLER has not received notice of actual or threatened <br />reduction or curtailment of any utility service now supplied to the <br />Property. <br /> <br />(v) <br /> <br />Assessments. SELLER has received no notice of actual or threatened <br />special assessments or reassessments of the Property. <br /> <br />(vi) <br /> <br />Rights of Others to Purchase Property.. SELLER has not entered into <br />any other contracts for the sale of the Property, nor are there any rights of <br />first refusal or options to purchase the Property or any other rights of <br />others that might prevent the consummation of this Agreement. <br /> <br />(vii) <br /> <br />FIRPTA. SELLER is not a "foreign person", "foreign partnership", <br />"foreign trust" or "foreign estate" as those terms are defined in Section <br />1445 of the Internal Revenue Code. <br /> <br />(viii) Underground Wells. Seller does not know of any well, above ground <br /> tanks or underground tanks on the Property. <br /> <br />(ix) <br /> <br />Environmental. To the best of SELLER'S actual knowledge, the <br />Property has never been used to store, produce, process or in any manner <br />deal with Hazardous Materials (as that term is hereinafter defined). No <br />Hazardous Materials have ever been installed or in any manner dealt with <br />on the Property by SELLER except in accordance with applicable laws; <br />and, except as reflected in the files and records above-mentioned, <br />SELLER has not received any notice or advice from any governmental <br />agency or any Occupant with regard to Hazardous Materials affecting the <br />Property. The term "Hazardous Materials" as used herein includes, <br />without limitation, gasoline, petroleum products, explosives, radioactive <br />materials, hazardous materials, hazardous wastes, hazardous or toxic <br />substances, polychlorinated biphenyls or related or similar materials, <br />asbestos or any other substance or material as may be defined as a <br />hazardous or toxic substance by any federal, state or local environmental <br />law, ordinance, rule or regulation. To the best of SELLER'S actual <br /> <br />3 <br /> <br /> <br />