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<br />Title. <br />(a) The Seller has good, indefeasible and marketable fee simple title to the <br />Property. <br /> <br />Legal Capacity. <br />(b) The Seller has the legal capacity to enter into this <br />Agreement. The Seller has not filed, voluntarily or involuntarily, for bankruptcy relief within the <br />last year under the United States Bankruptcy Code, nor has any petition for bankruptcy or <br />receivership been filed against the Seller within the last year. <br /> <br />Sewer and Water. <br /> (c) To the best of the Seller’s knowledge, the Property is <br />connected to City sewer and City water. <br /> <br />Mechanics’ Liens. <br />(d) TheSeller warrants that, prior to the closing, the Seller shall pay <br />in full all amounts due for labor, materials, machinery, fixtures or tools furnished within the 120 <br />days immediately preceding the closing in connection with construction, alteration or repair of any <br />structure upon or improvement to the Property which the Seller ordered or undertook. <br /> <br />Legal Proceedings. <br />(e) There are no pending legal actions, suits or other legal <br />proceedings that affect the Property or any portion thereof; and the Seller has no knowledge that <br />any such action is presently contemplated. <br /> <br />Leases. <br />(f) The Seller represents that the Property is currently being leased to <br />_____________. The Seller will provide the tenant with required notice of its intent to terminate <br />the lease and will terminate the lease upon receiving written notice from the Buyer that the <br />contingences set forth in Section 3, paragraphs a., b., and c. have been either satisfied or waived <br />by the Buyer. With the exception of this lease, the Seller represents that there are no other third <br />parties in possession of the Property, or any part thereof; and that there are no other leases, oral <br />or written affecting the Property or any part thereof. <br /> <br /> Broker Commission. <br />(g)The Buyer represents to the Seller that it has not utilized <br />the services of any real estate broker or agent in connection with this Agreement or the <br /> <br />transaction contemplated by this Agreement. TheSellerrepresents to the Buyer that the Seller <br />has not utilized the services of any real estate broker or agent in connection with this Agreement or <br />the transaction contemplated by this Agreement. Each party agrees to indemnify, defend, and <br />hold harmless the other party against and in respect of any such obligation and liability based in <br />any way upon agreements, arrangements, or understandings made or claimed to have been made by <br />the party with any third person. <br /> <br />Structures. <br />(h) To the best of the Seller’s knowledge, the Seller warrants that the <br />buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge <br />that the Property is being sold in “as is” condition in all aspects. <br /> <br /> Foreign Status. <br />(i) The Seller is not “foreign person” as such term is defined in the <br />Internal Revenue Code. <br /> <br />Methamphetamine Production <br />(j) . To the best of the Seller’s knowledge, <br />methamphetamine production has not occurred on the Property. <br />5 <br /> <br />505045v4 SJS EL185-13 <br /> <br />