Agenda - Council - 11/09/2004 - Laserfiche WebLink

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h. 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) . i. Buildings are entirely within the boundary lines of the Property. 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. j. With the exception of substances including petroleum product introduced to the Property in connection with Seller's use of the Property as a "used car lot", Seller has no actual knowledge of any hazardous substances or petroleum products having been placed, stored, or released from or on the Property in violation of any law, nor of any underground storage tanks having been located on the Property. Seller has not received any written notice from any governmental authority as to the existence of any hazardous material, underground storage tanks, Dutch elm disease, oak wilt, or other disease of any trees on the Property. k. Seller's warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed, provide that any notice of a defect or claim of breach of warranty must be in writing and given by Buyer to Seller within one year of the Closing Date or be deemed waived. 1. Buyer shall have the right to have inspections of the Property conducted prior to Closing. Other than the representations made in this paragraph 10, the Property is being sold "AS IS" with no express or implied representations or warranties by Seller as to physical conditions, quality of construction, workmanship, or fitness for any particular purpose. M. A well is in use on the Property as disclosed on the Well Disclosure Form attached. n. Seller certifies that sewage generated at the Property does not go to a facility permitted by the Minnesota Pollution Control Agency and Seller's Disclosure of Individual Sewage Treatment System is attached. o. SELLER acknowledges that upon successful Closing pursuant to the terms of this Agreement, Seller will have waived any appeal or claim for real estate tax or assessments paid or payable as respects the Property. P. Except as limited by paragraph 10.k., SELLER will indemnify BUYER, its successors and assigns, against, and will hold BUYER, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that BUYER incurs because of the breach of any of the representations and warranties contained in this Paragraph 10, whether such breach is discovered before or after rd