Agenda - Council - 01/11/2005 - Laserfiche WebLink

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h. No notice of hearing has been received from any govenm~ental assessing authority, concer~ning 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 thru no lien for services or materials rendered (commonly known as mechanic's m' materialsmen's liens) can be asserted against the Property'. All water, sewer and refuse bins ibr such services which have been hn'nished to the Property have been fully paid for or will be fully paid for prior to tim 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 oftim~ or notice fi'om a third party, or both, would constitute a default under any Cnderlying 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 mnended). CONDITION OF PROPERTY: (~) (2) SELLER'S BOUNDARY LINE~ ACCESS~ RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings are entirely within the ibour~dary lines of the Property. Seller warrants that there is a right of access to the Property fi'om a public right of way. Seller wm,'ants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the deli~qery of the deed or contract for deed. Seller knows of no hazardous substances or petrolemn products having been placed, stm'ed, or released f¥om or on the Property by any person in violation of any law, nor of any underground storage tanks having been. located on the Property at any time. Seller has not received any notice fi'om 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. (3) Seller's warranties and representations contained in this paragraph 10.i. 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 Mthin one year of the date of closing or be deemed waived. 4