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AG 2016 07 18
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AG 2016 07 18
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Last modified
7/20/2016 11:45:58 AM
Creation date
11/27/2017 10:34:09 AM
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Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
7/18/2016
Board
Board of Commissioners
Meeting Type
Regular
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C. To the best of Seller's knowledge, there are no leases, tenancies, licenses or other <br />rights of occupancy or use for all or any portion of the Property, and possession of the Property shall be <br />given to Buyer unoccupied and free and clear of any leases and claims to or rights of possession, occupancy <br />or use. <br />£ To the best of Seller's knowledge there are no grave sites or sites of archeological <br />or historical importance located on the Property except that, an old stagecoach trail runs across the Property <br />(and a lot of developed property in the area) but the significance, if any, is unknown to Seller <br />g. This Contract as executed by Seller is the valid and binding obligation of Seller. <br />The execution and delivery of this Contract by Seller and the execution and delivery of the deed and other <br />documents as are necessary or desirable to effectuate the transaction contemplated by this Contract are <br />within Seller's capacity and all requisite action has been taken to make this Contract valid and binding on <br />Seller in accordance with its terms, and the person executing this Contract on behalf of Seller has the <br />authority to do so. No consent or approval of, prior filing with or notice to, or other action by, any <br />governmental body or agency, or any other person or entity is required in connection with the execution <br />and delivery of this Contract by Seller, or the consummation of the transactions provided for herein. <br />Of Buyer. <br />a. Buyer is a corporate body, duly organized, validly existing and in good <br />standing under the laws of the State of North Carolina. <br />b. Buyer has the lawful right, power, authority and capacity to buy the Property <br />in accordance with the terms, provisions and conditions of this Contract. <br />C. The execution of and entry into this Contract, the execution and delivery of the <br />documents and instruments to be executed and delivered by Buyer on the Closing Date, and the <br />performance by Buyer of Buyer's duties and obligations under this Contract and of all other acts <br />necessary and appropriate for the full consummation of the purchase and sale of the Property as <br />contemplated by and provided for in this Contract, are (or will be as the case may be with respect to <br />future obligations) consistent with and not in violation of, and will not create any adverse condition <br />under, any contract, agreement or other instrument to which Buyer is a party, any judicial order or <br />judgment of any nature by which Buyer is bound, or the corporate documents of Buyer; and this <br />Contract, and the covenants and agreements of Buyer under this Contract, are the valid and binding <br />obligations of Buyer, enforceable in accordance with their terms. <br />d. All action has been taken by Buyer authorizing and approving the execution of <br />and entry into this Contract as binding on Buyer. In the event Buyer closes on the Property as <br />contemplated herein, then Buyer shall do so in a manner such that the execution and delivery by Buyer <br />of the documents and instruments to be executed and delivered by Buyer on the Closing Date, and the <br />performance by Buyer of Buyer's duties and obligations under this Contract and of all other acts <br />necessary and appropriate for the consummation of the purchase and sale of the Property as <br />contemplated by and provided for in this Contract, including, without limitation, payment of the <br />Purchase Price on the Closing Date, are binding on Buyer. <br />14. Conditions Precedent to Buyer's Obligations The obligation of Buyer to <br />consummate the transaction provided for herein is subject to the following conditions (none of which <br />limit any of the others or limit any other terms or provisions in this Contract), each of which must have <br />been satisfied (or waived by Buyer in its sole discretion) by the Final Closing Date: <br />Page 8 of 17 <br />Attachment number 8 \n <br />G -2 Page 138 <br />
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