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CCP 03-08-1999
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CCP 03-08-1999
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<br />6. Inspection. At Purchaser's expense, Purchaser, its agents and designees, are <br />hereby granted the right at any reasonable time or times after the date hereof to inspect and <br />conduct environmental audits on the Real Property. Purchaser shall hold Seller harmless from <br />any liability resulting solely from the entering upon the Real Property or the performing of any <br />of the tests or inspections referred to in this Section 6 by Purchaser, its agents or designees but <br />not from liability resulting from the presence or discovery of Hazardous Substances (as <br />hereinafter defined) on the Real Property. <br /> <br />7. <br />as follows: <br /> <br />Covenants and Warranties of Seller. Seller covenantsand warrants to Purchaser <br /> <br />7.1 <br /> <br />Ownershio of Real Prooertv, Business Eauioment and Black Dirt. Seller is the <br />owner of good, marketable, and insurable fee title to the Real Property free and <br />clear of all title defects, options, rights of first refusal, easements, restrictive <br />covenants, encroachments, survey defects, restrictions or limitations on the Real <br />Property, liens or encumbrances except for the Loans, as described below, <br />easements of record, and Leases; and Seller is the owner of good title to the <br />Business Equipment and Black Dirt free and clear of all lien interests therein or <br />claims thereto. <br /> <br />7.2 Certain Loan Documents. There are no notes, bonds, mortgages, deeds of trust, <br />collateral security documents and other related documents executed and/or <br />delivered by Seller and/or other parties in connection with any and all secured <br />financing (the "Loans") encumbering, or otherwise affecting, all or any portion of <br />the Real Property or all or any portion of the Business Equipment and Black Dirt, <br />except as set forth on Exhibit C. All Loans shall be paid and satisfied by Seller <br />at or prior to the Closing Date on the Real Property and at or prior to the date of <br />final payment for the Business Equipment and Black Dirt. <br /> <br />7.3 Encroachments. There are no encroachments upon any of the Real Property and <br />no portion of any Improvement encroaches upon any property not included <br />within the Real Property, or upon the area of any easement affecting the Real <br />Property . <br /> <br />7.4 Real ProoertvTaxes. Attached hereto, as Exhibit D, is a copy of the current real <br />estate tax statement for the Real Property. Seller does not have any knowledge <br />of any pending or contemplated reassessment of the Real Property. <br /> <br />. <br /> <br />. <br /> <br />7.5 Insoection of Premises. From and after the date hereof Purchaser shall be <br />entitled to free and complete access upon reasonable notice and during <br />reasonable business hours to information pertaining to the Real Property, <br />Business Equipment and Black Dirt, including any and all business records and <br />operating statements pertaining to the Real Property in the hands of Seller and <br />Seller.s managing agent, if any, and Seller and the managing agent, if any, shall . <br /> <br />4 <br />
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