Agenda - Council - 12/09/2008 - Laserfiche WebLink

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perform this Agreement and those SELLER's Closing Documents to be signed by it; this Agreement and.such documents have been duly authorized byall necessary action on the part of SELLER and have been or will be as of the Closing Date, as applicable; duly executed and delivered; such execution, delivery and performance by SELLER of such documents do not conflict with or result in a violation of SELLER's corporate documents, or any judgment, order, or decree of any court or arbiter to which SELLER is a party; such documents are valid and binding obligations of SELLER, and are enforceable in accordance with their terms. (b) No Rights to Purchase. SELLER .has. not granted or entered into, as applicable, any right, agreement, commitment, option, right of first refusal or any other agreement, whether oral or written, with respect to the purchase, assignment or transfer of all or any. portion of the Property. To the best knowledge of SELLER, no party other than SELLER has or claims any unrecorded or undisclosed -legal or equitable interest in the Property. (c) SELLER's Defaults. To the best knowledge of SELLER, SELLER is not in default concerning any of its obligations or liabilities regarding the Property. (d) No Liti ation. SELLER has not received .notice of any actual or pending litigation or proceeding by any organization, person, individual or governmental .agency against SELLER with respect to the Property or against the Property. (e) Boundary Lines of Land. There is no pending litigation and SELLER has no knowledge nor has SELLER received notice, of any dispute, concerning the location of the lines and' corners of the Property, and SELLER has not been .served with any legal action concerning the location of the lines and corners of the Property. (f) No Notices Affectin Use. SELLER has not received any notice of a condemnation, environmental, zoning or other regulation or proceeding being instituted or planned which would detrimentally affect the use and operation of the Property for its intended purpose. (g) No Pending Assessments. SELLER has not received any notice of hearing of a public improvement project from any governmental assessing authority, the costs of which may be assessed against the Property. (h) Wells. There ,is an existing well on Parcel 1 of the Property as disclosed in the attached Well Disclosure Statement (this statement being made pursuant to the disclosure requirements of Minnesota Statutes section 103I.235). (i) Individual Sewer System. There is an individual sewage treatment system on Parcel 1 of the Property serving the Property (this statement being made pursuant to the disclosure requirements of Minnesota Statutes Section 115.55). 5 _28_