Agenda - Council - 09/28/2004 - Laserfiche WebLink

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There are no leases, purchase options, rights of first refusal, or any other agreements which grant any other party any right of use of occupancy in effect with respect to the Property or any portion thereof. SELLER will convey on the Date of Closing, all of the Property, including all improvements, fixtures, and trade fixtures comprising the same, free and clear of all liens, security interests, leases, restrictions, charges and encumbrances, other than described or attached hereto as Permitted Encumbrances. d. There are no management, maintenance, supply, utility or service contracts or commitments relating to the Property which will extend beyond the Date of Closing, which are not cancelable without penalty or premium upon not more than 30 days advance notice. 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, any portion thereof or title thereto. No notice of hearing has been received from any governmental assessing authority, concerning a new public improvement project the costs of which project may be assessed against the Property. 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 materialsmen'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. h. 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. 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). There is a well on the Property. k. SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B:] [] A. Selter certifies that sewage generated at the property goes to a facility permitted by the Minnesota Pollution control Agency (for example, a city or municipal sewer system).