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AG 2004 08 16
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AG 2004 08 16
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Last modified
3/9/2006 9:20:20 PM
Creation date
11/27/2017 11:38:49 AM
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Template:
Meeting Minutes
Doc Type
Agenda
Meeting Minutes - Date
8/16/2004
Board
Board of Commissioners
Meeting Type
Regular
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Section 12. Entire Agreement: This agreement constitutes the sole and entire <br />agreement among the parties hereto and no modification of this Agreement shall <br />be binding unless in writing and signed by all parties hereto. <br /> <br />Section 13. Adverse Information and Compliance with Laws: <br /> <br />(a) Seller Knowledqe: Seller has no actual knowledge of (i) <br />condemnation(s) affecting or contemplated with respect to the Property; <br />(ii)adverse actions, suits or proceedings pending or threatened against the <br />Property; (iii) changes contemplated in any applicable local ordinances or <br />restrictions affecting the Property other than those that are a matter of <br />record; or (iv) governmental special assessments, either pending or confirmed, <br />for sidewalk, paving, water, sewer, or other improvements on or adjoining the <br />Property, and no owners' association special assessments. <br /> <br /> (b) Compliance: Without further investigation, and to the best of <br />Seller's knowledge and belief, (i) Seller has complied with all applicable laws, <br />ordinances, regulations, statutes, rules and restrictions pertaining to or <br />affecting the Property; (ii) performance of the Agreement will not result in the <br />breach of, constitute any default under or result in the imposition of any lien <br />or encumbrance upon the Property under any agreement or other instrument to <br />which Seller is a party or by which Seller or the Property is bound; and (iii) <br />there are no legal actions, suits or other legal or administrative proceedings <br />pending or threatened against the Property, and Seller is not aware of any facts <br />which might result in any such action, suit or other proceeding. <br /> <br />Section 14. Survival of Representations and Warranties/Successors and <br />Assigns/Assignment. Ail representations, warranties, covenants and agreements <br />made by the parties hereto shall survive the Closing and delivery of the Deed. <br />The Buyer shall not be entitled to assign this Agreement without the prior <br />written consent of Seller. Ail terms and conditions of this Agreement shall be <br />binding upon and inure to the benefit of the parties and their permitted <br />successors and assigns. <br /> <br />Section 15. Applicable Law: This Agreement shall be construed under the laws <br />of the state of North Carolina. <br /> <br />Section 16. Tax-Deferred Exchange: In the event Buyer or Seller desires to <br />effect a tax-deferred exchange in connection with the conveyance of the <br />Property, Buyer and Seller agree to cooperate in effecting such exchange; <br />provided, however, that the exchanging party shall be responsible for all <br />additional costs associated with such exchange, and provided further, that a <br />non-exchanging party shall not assume any additional liability with respect to <br />such tax-deferred exchange. Seller and Buyer shall execute such reasonable <br />additional documents, at no cost to the non-exchanging party, as shall be <br />required to give effect to this provision. In the event the non-exchanging party <br />desires legal review of such documentation, the exchanging party shall pay all <br />attorney fees incurred by such party for such review. <br />THIS DOCUMENT IS A LEGAL DOCUMENT. EXECUTION OF THIS DOCUMENT HAS LEGAL <br />CONSEQUENCES THAT COULD BE ENFORCEABLE IN A COURT OF LAW. THE NORTH CAROLINA <br />ASSOCIATION OF REALTORS® MAKES NO REPRESENTATIONS CONCERNING THE LEGAL <br />SUFFICIENCY, LEGAL EFFECT OR TAX CONSEQUENCES OF THIS DOCUMENT OR THE <br />TRANSACTION TO WHICH IT RELATES. IF YOU DO NOT FEEL THIS DOCUMENT MEETS YOUR <br />NEEDS, YOU MAY WISH TO CONSULT YOUR ATTORNEY. <br /> <br />(Signatures Begin on Following Page) <br /> <br /> <br />
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