e. Jail land-purchase agreement - Laserfiche WebLink

This Agreement has been duly executed and delivered by the BUYER and is a legal, valid and binding obligation of the BUYER enforceable against it in accordance with its terms. 9.3 All of the covenants, agreements, representations and warranties of the BUYER contained in this Agreement shall be deemed remade on and as of Closing, shall survive the Closing, and shall not be deemed to merge upon the delivery and acceptance of SELLER's Deed. 10. SELLER's Representations and Warranties. The SELLER represents and warrants as follows: 10.1 The SELLER is a North Dakota Limited Partnership 10.2 The SELLER has good and marketable title to the Property, free and clear of all liens and encumbrances, taxes and special assessments, except as documented within this Agreement. 10.3 The SELLER now has, and at Closing the SELLER or any assignee will have, the requisite power and authority to enter into and perform the terms of this Agreement. The execution and delivery of this Agreement and the consummation of the transaction contemplated hereby have been duly authorized by all necessary parties and no other proceedings on the part of the SELLER are or, at Closing, will be necessary in order to permit it to consummate the transaction contemplated hereby. This Agreement has been duly executed and delivered by the SELLER and is a legal, valid and binding obligation of the SELLER enforceable against it in accordance with its terms. 10.4 All of the covenants, agreements, representations and warranties of the SELLER contained in this Agreement shall be deemed remade on and as of Closing, shall survive the Closing, and shall not be deemed to merge upon the delivery and acceptance of SELLER's Deed. 10.5 SELLER has not received notice from any governmental authority or other party or entity of any violation of laws, ordinances or regulations with respect to the Property. SELLER has not received notice of breach of any restrictive covenants. 11. Mounded Soil. The Property currently has soil mounded above the natural grade. If SELLER has need of the mounded portion of the soil prior to BUYER undertaking a construction project on the Property, SELLER may remove the mounded portion, down to the natural grade at its discretion. If the BUYER undertakes a construction project on the Property, the BUYER may use up to 20% of the mounded soil as part of its construction project and shall remove the remainder of the mounded soil to SELLER's adjacent property. In the event BUYER exercises the option provided for in paragraph 2 above, BUYER may use an additional 20% of the mounded soil without cost. In either case, the cost of removal of the mounded soil shall be at the expense of the BUYER. The provisions of this paragraph shall survive closing and be binding on SELLER and BUYER following closing. 12. Asbestos & Environmental Hazards. The SELLER discloses to the BUYER that it is not aware of any asbestos material, hazardous or toxic wastes or other environmental hazards on the Property, whether as a result of SELLER's activities, of predecessor owners' or of others' . 5