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of tenants in possession and rights of any kind, except encumbrances that have <br />been disclosed to Purchaser in writing. <br />b. So long as this Agreement remains in force, Seller will not lease, rent or convey all or <br />any portion of the Property or any interest therein, except those portions previously <br />leased by Seller, or enter into any Agreement granting to any person or entity any <br />right with respect to the Property, or any portion thereof, without first obtaining the <br />prior written consent of Purchaser. <br />c. Seiler is not now a party to any litigation, investigation or other proceeding, nor to <br />the knowledge of Seiler is any such litigation, investigation or proceeding <br />threatened, which relates to the Property, directly or indirectly, or Seller's right to <br />sell the Property. <br />d. Seller has no knowledge of any pending, threatened or contemplated condemnation <br />proceedings which will or may affect the Property in any respect whatsoever. <br />e. Seller has no notice of and is not aware of any violations of any laws, ordinances, <br />orders, restrictive covenants or other requirements affecting the Property, and <br />there are no violations of record of any of the foregoing. <br />f. There are no commitments to governmental authorities or agencies or utilities or <br />quasi -governmental entities which affect the Property and no conditions of the <br />zoning of the Property which have not been completely fulfilled. <br />g. There are no taxes, assessments or levies of any type (except ad valorem taxes for <br />calendar year in which closing occurs) relating to the Property which are presently <br />due and payable or which may become a lien or other charge against any part of the <br />Property. <br />h. The Improvements are within the boundary lines of the Real Property as described <br />on EXHIBIT A, and there are no encroachments onto the Real Property by any <br />adjoining land owner. <br />i. None of the Property is located within an area designated as having special flood <br />hazards on the applicable Official Flood Hazard Map of the Federal Insurance <br />Administration. <br />j. The Property is presently zoned under the <br />zoning ordinance of Lee County, North Carolina. <br />k. No default now exists under any instrument affecting, encumbering, or secured by <br />the Property, or any part thereof, nor is there any fad or condition which might, <br />after notice or lapse of time or otherwise, become such a default. <br />I. Neither the execution and delivery of this Agreement by Seller nor the <br />consummation of the transaction herein contemplated shall, after notice or lapse of <br />time or otherwise, result in a breach of any of the terms or provisions of or <br />constitute a default under any article, indenture, agreement, contract, instrument, <br />or obligation to which Seller is a party or by which Seller or the Property or any <br />portion thereof is bound or encumbered, or constitute a violation of any applicable <br />law relating to Seller or the Property. <br />m. Seller has the right, legal capacity, power, and authority to enter into this <br />Agreement and to convey the Property to Purchaser pursuant to the terms and <br />provisions hereof. The execution of this Agreement by Seller, the performance by <br />Seller of its obligations hereunder, and the sale, transfer, and conveyance <br />contemplated hereby do not require any further action by Seiler or the consent of <br />any third party. <br />