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encroachment or boundary line questions, and related matters, properly <br /> executed on behalf of Seller. <br /> 7.3 The Commitment certified to current date. <br /> 7.4 An Affidavit of Seller in form and content satisfactory to Purchaser stating <br /> that Seller is not"foreign persons"within the meaning of Section 1445 of the <br /> Internal Revenue Code. <br /> 7.5 An executed copy of the Parking Lot Joint Use Agreement, attached and <br /> incorporated as Exhibit A. <br /> Upon delivery of the foregoing items,Purchaser shall deliver to Seller the portion of <br /> the Purchase Price payable at the closing. <br /> 8. Contingencies. Notwithstanding anything to the contrary contained in this <br /> Agreement, the consummation of this Agreement and the closing provided in <br /> paragraph 7 hereof is hereby expressly conditioned upon Purchaser receiving <br /> assurances satisfactory to Purchaser, in Purchaser's sole discretion, that: <br /> 8.1 Accuracy of Representations and Warranties. The representations and <br /> warranties of Seller contained in this Agreement shall be true in all material <br /> respects on and as of the Closing Date with the same force and effect as <br /> though made on and as of the Closing Date(i.e., a representation that a state <br /> of facts exists on or as of the date hereof shall be deemed to be a <br /> representation that such state of fact exists on or as of the Closing Date,and a <br /> representation that a state of facts has or has not changed between a date prior <br /> to the date hereof and the date hereof shall be deemed to be a representation <br /> that such state of facts has or has not changed between such prior date and the <br /> Closing Date), except as affected by transactions contemplated hereby and <br /> except to the extent that any such representations or warranties which were <br /> made as of a specified date shall have been true on and as of such date. <br /> 8.2 Performance of Agreement. Seller has performed all obligations and <br /> agreements and conditions contained in this Agreement on Seller's part to be <br /> performed or complied with at or prior to the Closing Date. <br /> 8.3 City Approvals. Seiler shall have obtained final plat approval for Trinity <br /> Lutheran of Lake Johanna Addition and final PUD approval from the City of <br /> Arden Hills prior to the Closing Date. Nothing herein shall obligate the City <br /> of Arden Hills to approve the final plat of Trinity Lutheran of Lake Johanna <br /> Addition or a final PUD unless such applications are in compliance with all <br /> City regulations and standards. <br /> 5 <br />