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(4) Zoning regulations for the City of Concord and/or Cabarrus County, <br />North Carolina, in conformity with and subject to the terms of Paragrap. h <br />4(d) below. <br /> <br /> (b) · Possession. Exclusive possession of the Property free and. clear of <br />occupancy of all persons, tenants, firms or corporations, whether or not under claim <br />of right, lease or color of title shall be .delivered to Purchaser or its assignee at the <br />Closing. <br /> <br /> (c) Taxes. All real property taxes or other special assessments levied against' <br />the Property shall be prorated on a calendar year basis as of the date of Closing. <br /> <br /> (d) Zoning. All of the Property is currently or shall at Closing be zoned C-2 or <br />such other zoning classification required to allow Purchaser to develop the Property <br />for its Intended Use and Seller sha'll not change or amend or permit the change or <br />amendment of the zoning classification for the Property without the express written <br />consent of Purchaser. <br /> <br />(e) Seller's ReDresentetiens, Seller hereby represents and warrants: <br /> <br />(1) Seller, individually or collectively, has good and.marketable, fee <br />simple title to all of the Property, free and clear of any and all liens, securi- <br />ty interests, encumbrances or other restriction.~, whether existing of record <br />or otherwise, except those items listed in Paragraph 4(a) above. <br /> <br />(2) Seller has no knc~wledge of: (a) any condemnation proceedings or <br />proposed proceedings against the whole o[ any part of the Property; (b) <br />zoning proceedings or proposed zoning proceedings against the Property; <br />(c) any litigation or claim against the Property or the Seller other than the <br />items already disclosed in writing to Purchaser by Seller which would, if <br />adversely decreed, have a materialeffect on the Property. <br /> <br />(3) The Property is free from any special taxes .or assessments, except <br />those generally applicable to real property in the tax district in which the <br />Property is located. <br /> <br />(4) Seller has not granted to others any options to purchase or to rent <br />any interest in the Property or any part thereof which will not be terminated <br />as of the date of Closing, and Seller has, or shall .have on the date of <br />Closing, the exclusive right of'possession of the Property.. <br /> <br />(5i To the be~t knowledge of Seller, there a~;e no deed restrictions in the <br />chain of title which would prohibit the Property from being used and <br />developed for its Intended Use. <br /> <br />(6) Seller has no actual knowledge of any existing or threatened <br />litigation which would affect title to the Property other than items already <br />disclosed in writing to Purchaser by Seller. <br /> <br />(7) Seller is not a "foreign person" within the meaning of the Internal <br />Revenue Code of 1986, as amended (the "Code"), and Seller will furnish <br />to Purchaser, prior to closing, an affidavit in form satisfactory to Purchaser <br />confirming the same. <br /> <br />(8) Seller has not used the Property as a disposal site for hazardous <br />waste products or substances and is not aware of any such use by prior <br />owners and agrees to indemnify and hold harmless Purchaser from any <br />liability, loss or expense, including all foreseeable and. unforeseeable <br /> <br /> <br />