8. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller represents and
warrants to Buyer that the following are true as of the date of this Agreement and will be true as
of the Closing:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Q)
The Premises are not the subject of any existing cease and desist orders,
enforcement actions, or any federal, state of local code enforcement violations.
There are no unrecorded outstanding pending or threatened liens, claims, rights of
first refusal, licenses, or encumbrances against or affecting the Premises, which
have not been disclosed to Buyer in this Agreement.
There are no outstanding claims, losses or demands against Seller by any person,
entity, or governmental unit respecting Seller’s ownership, use, or occupancy of
the Premises, which have not been disclosed to Buyer in this Agreement.
Seller has no knowledge of any boundary disputes or encroachments affecting the
Premises.
There are no leases of any portion of the Premises.
Seller has no knowledge of any pending or threatened litigation that may
adversely affect the transfer of the Premises hereunder or materially affect the
value of the Premises.
Neither the whole nor any portion of the Premises has been condemned,
requisitioned, or otherwise taken by any public authority and no notice of any
such condemnation, requisition or taking has been received by the Seller and no
such condemnation, requisition or taking is threatened.
Seller has not knowingly released into the environment or discharged, placed or
disposed of any hazardous materials, substances, or waste or knowingly caused
the same to be released into the environment or discharged, placed or disposed of
at, on, or under the Premises. Notwithstanding the foregoing, the Seller cannot
represent to Buyer that there are no hazardous waste issues as a result of the
current activities of other unit owners. To the best of Seller’s knowledge, the
Premises complies in all material respects with all applicable federal and state
environmental laws and regulations. Seller has not received any written notice
from any governmental authority or any written complaint from any third party
with respect to its alleged non-compliance with, or potential liability under, any
environmental laws and regulations.
There are no rights of first refusal or options to purchase associated with the
Premises.
Seller has authority to enter into this Agreement and will provide necessary
authority documents at the Closing.
