8.4 SR 06-03-2024 - Laserfiche WebLink

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EL185\77\951318.v3 7 b. Leases. To the Seller’s actual knowledge, there are no leases or possessory rights of others regarding the Property. c. Due Diligence Documents. The Due Diligence Documents delivered or to be delivered to Buyer hereunder are to Seller’s actual knowledge correct and complete and, to Seller’s actual knowledge, do not contain any false information. d. FIRPTA. Seller is not a “foreign person,” “foreign partnership,” “foreign trust,” or “foreign estate,” as those terms are defined in Internal Revenue Code Section 1445 and the regulations promulgated thereunder. e. No Proceedings. No legal or administrative proceeding is pending or, to Seller’s actual knowledge, threatened (i) which would adversely affect Seller’s right to convey the Property to Buyer as contemplated in this Agreement, or (ii) affecting the Property. There are no condemnation or eminent domain proceedings pending or, to Seller’s knowledge, threatened with respect to the Property. f. Private Sewage Systems; Wells. To the Seller’s actual knowledge there are no wells or private sewage systems located on the Property. g. Use of Property. To Seller’s actual knowledge, no methamphetamine production has occurred on the Property. h. Unpaid Labor and Materials. To Seller’s actual knowledge, Seller is not indebted for labor or material that might give rise to the filing of notice of mechanic’s lien against any portion of the Property. i. Approval of Sale. Prior to Closing, Seller will take all applicable action to seek approval of the sale of the Property to the Buyer pursuant to the terms of this Agreement and following the satisfaction of all other conditions required by Minnesota law. j. Current Conditions. Seller shall maintain the Property in its present condition, ordinary wear and tear excepted. To the actual knowledge of the undersigned City Clerk of the Seller, there are no conditions that are protected by federal or state law (such as American Indian burial grounds, other human burial grounds, historical structures or materials, or archeological sites). k. Governmental Violations. Seller has not received any written notice from a governmental authority that a person or the Property has violated a law, ordinance or regulation affecting the Property or that the authority may commence eminent domain, condemnation, special taxing district, or rezoning proceedings affecting the Property. l. Authority. Seller has full power and authority to enter into this Agreement and to perform all its obligations hereunder, and has taken all action required by law, its governing instruments, or otherwise to authorize the execution, delivery, and performance of this Agreement and all the deeds, agreements, certificates, and other documents contemplated herein. This Agreement has been duly executed by and is a valid and binding agreement of Seller, enforceable in accordance with its terms, except as enforceability may be limited by equitable principles or by the laws of bankruptcy, insolvency, or other laws affecting creditors’ rights generally. Page 446 of 464