2020-03 - Authorize sale of 16300-16400 Detroit to Scalish Construction

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as required under this Agreement; including, without limitation, any leases, options or rights of first refusal in favor of any persons or entity. (c) Relative to the Property, Seller has not received any formal notifications of any violations of any applicable federal, state or local ordinances, statutes, codes, rules or regulations relevant or relating thereto except as Seller has otherwise disclosed herein. (d) To actual knowledge of Seller, there are no hidden or undisclosed underground storage tanks at or upon the Property. (e) Seller's execution of and performance under this Agreement and Seller's completion of the Transaction will not result in any breach of, constitute a default under or result in the creation of any lien, charge or encumbrance upon the Property under or pursuant to any indenture, mortgage, security agreement, credit agreement or internal governance provisions of Seller or any other agreement or instrument to which Seller is a party or by which Seller or any of the Property may be or is bound; including, without limitation, any options, rights of first refusal or transfer restrictions of any type or nature. (f) As of the Closing Date, except as noted herein, no consent or approval of any person, entity, governmental agency or body is or will be required for Seller to fully perform under this Agreement or to complete the Transaction in accordance with the Terms. (g) There are no actions, suits, claims, demands or any other proceedings or investigations, either administrative or judicial, pending or, to the best of Seller's knowledge, threatened against Seller or the Property. (h) Seller has complied with all applicable laws, regulations, ordinances and rules pertaining to the Property. (i) Seller is current and at Closing shall be current with and upon all of Seller's obligations and liabilities to pay for any and all utilities servicing the Property. 0) Seller's Covenants as contained within this Agreement do not and will not contain or furnish any untrue statements of material fact or omit any material information necessary to render Seller's Covenants to not be misleading. (k) To the actual knowledge of Seller, other than this Agreement, there are no agreements, contracts, licenses, invoices, bills, leases, undertakings or understandings affecting all or any of the Property except as Seller has disclosed in writing to Buyer within this Agreement. (1) No condemnation or appropriation proceeding affecting the Property exists and Seller has received no notice of the contemplation of such proceeding. All of Seller's Covenants shall survive Closing and the execution, delivery or recordation of the Deed for a period of one (1) year. 17. Buyer's Representations and Warranties: Buyer covenants, represents and warrants to Seller ("Buyer's Covenants"), that both as of the Effective Date and as of the Closing Date: (a) There is no pending litigation, and to the best of Buyer's knowledge, there is no threatened litigation or claims against Buyer which would impair Buyer's ability to perform its obligations under the terms of this Agreement and to close the transaction as contemplated herein on the Closing Date. (b) No consent or approval of any person, entity, governmental agency or body is or will be required for Buyer to fully perform under this Agreement and to complete the Transaction in accordance with the Terms. (c) Buyer is authorized to sign this Agreement, Close the Transaction and perform pursuant to and under the Terms.