Agenda - Council - 01/10/2006 - Laserfiche WebLink

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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). CONDITION OF PROPERTY: (l) SELLER'S BOUNDARY LINE~ ACCESS~ RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that 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. (2) Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from 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, except as follows: NONE. Seller has not received any 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. (3) Seller's warranties and representations contained in this paragraph 10.k. shall survive the delivery of the Deed, provide that any notice ora defect or claim of breach &warranty must be in writing and given by Buyer to Seller within one year of the date of closing or be deemed waived. (4) Buyer shall have the right to have inspections of the Properej conducted prior to closing. Other than the representations made in this paragraph 10.k., 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. (5) WELL DISCLOSURE. [Check either A or B:] [] A. Seller certit~es that Seller does not know of any wells on the Property. ,'~ B. Wells on the Property disclosed by Seller on the attached Well Disclosure form. (6) SEWAGE TREATMENT SYSTEM DISCLOSURE. [Check either A or B:] [] A. Seller certifies that sewage generated at the Property goes to a facility permitted by the Minnesota Pollution control Agency (municipal sewer system). [] B. 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 lndividoal Sewage Treatment System is attached (attach form). -266- 4