Agenda - Council - 10/12/2010 - Laserfiche WebLink

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d. To the best of SELLER'S knowledge: there is no action, litigation, investigation, condemnation or proceeding of any kind pending against SELLER or the Property which could adversely affect the Property, or any portion thereof or title thereto. e. All services or material which have been furnished to the Property have been fully paid for or will be fully paid for prior to the date of closing so that no lien for services or materials rendered (commonly known as mechanic's or materialmen's liens) can be asserted against the Property. All water, sewer and refuse bins for such services which have been furnished to the Property have been fully paid for or will be fully paid for prior to the date of closing so that no lien therefore can be asserted against the Property. £ SELLER is not in default, nor has there occurred any event which, with the passage of time or notice from a third party, or both, would constitute a default under any underlying financing or covenant affecting the Property or any part thereof. g. SELLER is neither a "foreign person" nor a "foreign corporation" (as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended). h. SELLER warrants that there is a right of access to the Property from a public right of way. SELLER warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the delivery of the deed or contract for deed. i. That there are not now, nor have there ever been underground or above ground storage tanks of any size or type located on the Property nor any Hazardous Substances (defined below) located on the Property in violation of applicable governmental requirements, and the Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substances in violation of applicable governmental requirements. For purposes of this Agreement, the term "Hazardous Substances" includes but is not limited to substances defined as "hazardous substances," "toxic substances," "hazardous wastes," "pollutants" or "contaminants" under federal or Minnesota law. The term "Hazardous Substance" shall also include asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas).