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DAFT
<br />B. No Conflict. To the best of Seller's knowledge, Seller's execution, delivery and
<br />performance of its obligations under this Agreement will not constitute a default or a breach
<br />under any contract, agreement or order to which the Seller is a party or by which it is bound.
<br />C. No Seller Bankruptcy_ The Seller is not the subject of a bankruptcy proceeding.
<br />D. Litigation. There are no claims, causes of action or other litigation or proceedings
<br />pending or, to the best knowledge of the Seller, threatened with respect to the ownership,
<br />operation or environmental condition of said real property or any part thereof (including disputes
<br />with mortgagees, governmental authorities, utility companies, contractors, adjoining landowners
<br />or suppliers of goods and services).
<br />E. Violations. To the best knowledge of the Seller, there are no violations of any
<br />health, safety, pollution, zoning or other laws, ordinances, rules or regulations with respect to
<br />said real property, which have not heretofore been entirely corrected. In the event Seller has
<br />actual knowledge of any such violations, Agency shall immediately provide Seller with copies of
<br />all documents evidencing such violation.
<br />F. No Third Party Obli ations. Seller has not made, and prior to the Closing Date
<br />will not make, any commitments to any governmental authorities, utility company, school board,
<br />church or other religious body, or any homeowner or homeowner's association, or to any other
<br />organization, group or individual, relating to said real property which would impose any
<br />obligation on the Seller, or its successors or assigns, after the Closing Date to make any
<br />contributions of money, dedications of land or grant of easements or rights of way, or to
<br />construct, install or maintain any improvements of a public or private nature on or off said real
<br />property, without the approval of the Seller.
<br />G. FIRPTA. The Seller is not a "foreign person" within the parameters of the
<br />Foreign Investment in Real Property Transfer Act ("FIRPTA") or any similar state statute, or is
<br />exempt from the provisions of FIRPTA or any similar state statute, or the Seller has complied
<br />with and will comply with all the requirements under FIRPTA or any similar state statute.
<br />H. No Conflict. To the best of Seller's knowledge, Seller's execution, delivery and
<br />performance of its obligations under this Agreement will not constitute a default or a breach
<br />under any contract, agreement or order to which Seller is a party or by which it is bound.
<br />Until the Closing, the Seller shall, upon learning of any fact or condition which would
<br />cause any of the warranties and representations in this Paragraph 9 not to be true as of the
<br />Closing, within five (5) business days give written notice of such fact or condition to the Seller.
<br />Such exception(s) to a representation shall not be deemed a breach by the Seller hereunder, but
<br />shall constitute an exception which the Seller shall have a right to approve or disapprove if such
<br />exception would have an effect on the value and/or development of said real property. If the
<br />Seller elects to close Escrow following disclosure of such information, Seller's representations
<br />and warranties contained herein shall be deemed to have been made as of the Closing, subject to
<br />such exception(s). If, following the disclosure of such information, the Seller elects to not close
<br />Escrow, it shall so inform the Seller in writing, at which point this Agreement and the Escrow
<br />shall automatically terminate, and neither party shall have any further rights, obligations or
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