AG 2005 08 15 - Laserfiche WebLink

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(2) To the extent the same are in the possession of Seller on the date of Seller's execution of this Agreement, or reasonably can be obtained by Seller prior to Closing, all prior surveys of the Land or any portion thereof and all plans and specifications for any of the Improvements; and (3) The executed originals of the Lease Agreement(s), to the extent applicable. (c) Purchaser shall Ray the remainder of the Purchase Price, after crediting the Earnest Money ana making the adjustments and prorations provided for in thls Agreement, to Seller in accordance with the provisions of this Agreement. 10. Costs of Closins. Seller shall pay for the preparation of the Special Warranty Deed (and the QUltclaim Deed, if done), the State of North Carolina realty transfer tax payable on the transfer of the Property, all recording costs and other costs relating to any title clearance matters, and Seller's attorneys' fees. "Purchaser shall pay all recordmg costs relating to the purchase by Purchaser of the Property, the cost of any: survey obtained pursuant to paragraph 8 hereof, the premium for any owner's policy of title insurance issued in favor of Furcnaser insuring P"urchaser's title to the Property and Purchaser's attorneys' fees. All other costs and expenses of the transaction contemplated hereby shall be borne by the party incurring the same. 11. Warranties. Representations and Additional Covenants of Seller. Seller represents, warrants and covenants to and with Purchaser, knowing that Purchaser is relying on each such representation, warranty and covenant, that: (a) Seller has the lawful right, power, authority and capacity to sell the Property in accordance with the terms, provisions and conditions of this Agreement, and pursuant to the terms of NCGS S160A-269. (b) There are no actions, suits or proceedings pending or threatened against, by or affecting Seller which affect title to the Property or which question the validity or enforceability of this AgJ:eement or of any action taken by Seller under this Agreement, in any court or before any governmental authority, domestic or foreign. (c) The execution of and entry into this Agreement, the execution and delivery of the documents and instruments to be executed and delivered by Seller on the Closing Date, and the performance by Seller of Seller' s duties and obligations under this Agreement 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 Agreement, are consistent with and not in violation of, and will not create any adverse condition under, any contract, agreement or other instrument to which Seller is a party or, any judicial order or judgment of any nature by which Seller is bouna; and this Agreement, and the covenants ana agreements of Seller ~nder this Agre~ment, .are the valid and binding obligations of Seller, enforceable m accordance wlth thelr terms. . (d) Seller has" good and marketable fee simple title" as defined herein, to the Property, subject to the Lease Agreernents (which are not considered, or defined as, Permitted Exceptions for purposes of this Agreement). Page 6 of 14 E-G::,