AG 2006 05 15 - Laserfiche WebLink

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12. Conditions of Purchaser's Obligations. Purchaser's obligation to consummate the purchase and sale of the Property on the Closing Date shall be subject to the satisfaction or performance of the following terms and conditions, anyone or more of which may be waived in writing by Purchaser, in whole or in part, on or as of the Closing Date: (a) Seller shall have fully and completely kept, observed, performed, satisfied and complied with all terms, covenants, conditions, agreements, requirements, restrictions and provisions required by this Agreement to be kept, observed, performed, satisfied or complied with by Seller before, on or as of the Closing Date; (b) The representations and warranties of Seller in this Agreement (and the substantive facts contained in any representations and warranties limited to Seller's knowledge and belief) shall be true and correct, and certified by Seller to Purchaser as such, on and as of the Closing Date, in the same manner and with the same effect as though such representations and warranties had been made on and as of the Closing Date; (c) Purchaser must be successful in purchasing, either prior to or contemporaneously with the closing of the transaction contemplated by this Agreement, all that certain lot, tract or parcel of unimproved real estate bearing Parcel Identification Number 4691-07-8942, consisting of approximately 2.20 acres, together with an additional tract of approximately 0.8 acres contiguous thereto, said total of approximately 3.0 acres being as crosshatched on that Cabarrus County Parcel Information Map attached hereto and identified as Exhibit "B"; (d) Purchaser must be successful in purchasing, either prior to or contemporaneously with the closing of the transaction contemplated by this Agreement, part of that certain lot, tract or parcel of unimproved real estate bearing Parcel Identification Number 4691-07-5928, consisting of approximately 10.00 acres, and being as crosshatched on that Cabarrus County Parcel Information Map attached hereto and identified as Exhibit "C"; (e) Purchaser must be able to obtain financing, suitable to him, for the purposes of acquisition of the Property andf or the construction of improvements thereon. (f) The Property must be free of any areas designated as "Section 404 wetlands" under Regulations issued by the u.S. Army Corps of Engineers. (g) Purchaser shall not have terminated this Agreement pursuant to an express right so to terminate set forth in this Agreement. ~-B Page 9 of 18