AG 2016 07 18 - Laserfiche WebLink

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C. To the best of Seller's knowledge, there are no leases, tenancies, licenses or other rights of occupancy or use for all or any portion of the Property, and possession of the Property shall be given to Buyer unoccupied and free and clear of any leases and claims to or rights of possession, occupancy or use. £ To the best of Seller's knowledge there are no grave sites or sites of archeological or historical importance located on the Property except that, an old stagecoach trail runs across the Property (and a lot of developed property in the area) but the significance, if any, is unknown to Seller g. This Contract as executed by Seller is the valid and binding obligation of Seller. The execution and delivery of this Contract by Seller and the execution and delivery of the deed and other documents as are necessary or desirable to effectuate the transaction contemplated by this Contract are within Seller's capacity and all requisite action has been taken to make this Contract valid and binding on Seller in accordance with its terms, and the person executing this Contract on behalf of Seller has the authority to do so. No consent or approval of, prior filing with or notice to, or other action by, any governmental body or agency, or any other person or entity is required in connection with the execution and delivery of this Contract by Seller, or the consummation of the transactions provided for herein. Of Buyer. a. Buyer is a corporate body, duly organized, validly existing and in good standing under the laws of the State of North Carolina. b. Buyer has the lawful right, power, authority and capacity to buy the Property in accordance with the terms, provisions and conditions of this Contract. C. The execution of and entry into this Contract, the execution and delivery of the documents and instruments to be executed and delivered by Buyer on the Closing Date, and the performance by Buyer of Buyer's duties and obligations under this Contract and of all other acts necessary and appropriate for the full consummation of the purchase and sale of the Property as contemplated by and provided for in this Contract, are (or will be as the case may be with respect to future obligations) consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Buyer is a party, any judicial order or judgment of any nature by which Buyer is bound, or the corporate documents of Buyer; and this Contract, and the covenants and agreements of Buyer under this Contract, are the valid and binding obligations of Buyer, enforceable in accordance with their terms. d. All action has been taken by Buyer authorizing and approving the execution of and entry into this Contract as binding on Buyer. In the event Buyer closes on the Property as contemplated herein, then Buyer shall do so in a manner such that the execution and delivery by Buyer of the documents and instruments to be executed and delivered by Buyer on the Closing Date, and the performance by Buyer of Buyer's duties and obligations under this Contract and of all other acts necessary and appropriate for the consummation of the purchase and sale of the Property as contemplated by and provided for in this Contract, including, without limitation, payment of the Purchase Price on the Closing Date, are binding on Buyer. 14. Conditions Precedent to Buyer's Obligations The obligation of Buyer to consummate the transaction provided for herein is subject to the following conditions (none of which limit any of the others or limit any other terms or provisions in this Contract), each of which must have been satisfied (or waived by Buyer in its sole discretion) by the Final Closing Date: Page 8 of 17 Attachment number 8 \n G -2 Page 138