AG 2007 10 15 - Laserfiche WebLink

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Fax:704-455-4555 With a copy to: Moretz & Skufca, PLLC 37 Union St. South, Suite B Concord, NC 28025 Fax:704-721-3555 21. POSSESSION. Exclusive possession of the Property free and clear of all matters and encumbrances other than the Permitted Exceptions shall be delivered to Buyer at Closing. 22. CONDITIONS TO BUYER'S OBLIGATIONS. In addition to any other conditions precedent to the performance of Buyer's obligations under this Contract, the obligations and liabilities of the Buyer hereunder shall in all respects be conditioned upon satisfaction of each of the following conditions precedent prior to the end of the time periods indicated (any of which conditions precedent may be waived by the Buyer), jto wit: (a) At Clpsing, Seller shall have complied with and otherwise performed each of the covenants and obligations of Seller set forth in this Contract and all documents and things required by this Contract shall have been provided to Buyer. (b) All representations and warranties of Seller as set forth in this Contract shall be in all respects true and correct as of the date of Closing. (c) At Clpsing, there shall have been no material and adverse change to the title to the Property which shill have not been cured and the Title Company shall have issued an owner's title insurance commitment on the Property and shall be prepared to issue to Buyer at Closing a fee simple owner's policy as required by this Contract. Prior to the Closing of the transaction, no condition affecting title to the Property shall have occurred and continued to exist afrer Buyer's approval of title, which condition, in Buyer's opinion, would adversely affect the use or marketability of the Property for the uses referred to herein or the insurability of title to the Property. (d) At Closing, no easement, restriction, covenant, zoning ordinance or use regulation, statute, ordnance, law, judicial decision, official or unofficial policy shall prohibit or impair the contemplated development, use and operation of the Property for residential, office, commercial, retail anc~ business purposes. (e) At Closing, there shall not be any Hazardous Materials located on the Property and the Property shall'~be in compliance with all Environmental Laws. (f) Prior to Closing, Seller shall have entered into no agreement, not referred to herein, with referencq to the Property which is binding upon Buyer or on the Property unless Buyer has consented Fprior thereto, and neither Seller nor the Property shall be subject to any judgment or decree of a court of competent jurisdiction or to any litigation or administrative proceeding which would in any way affect the Property or which would in any way be binding upon the Buyer or Btkyer's assigns or affect or limit the Buyer or the Buyer's assigns of full use and enjoyment of the~Property or which would limit or restrict in any way the Seller's right or ability to enter into this Contract and consummate the transactions contemplated hereby. (g) Prior 3o Closing, neither Seller nor Buyer nor any agent of Seller or Buyer shall have received any notices from any city, county or any governmental authority of any taking of 8 (~ `~ G-3 //// /