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Book : 3758 Ragea 1@4 <br /> Any exceptions to title listed in the title commitment as to which <br /> Developer does not object prior to Closing shall be Perinitted Exceptions. <br /> H. MUNICIPALITY'S REPRESENTATIONS AND WARRANTIES. <br /> Municipality, to the best of its knowledge after due inquiry, represents and warrants to Developer <br /> that: <br /> 1. It owns the Premises in fee simple absolute and has the power and authority to <br /> sell the Premises free and clear of all encumbrances except Permitted Exceptions. <br /> 2. No written or verbal lease or agreement or tenancy exists as to any portion of the <br /> Premises. <br /> 3. No written or verbal agreement to sell the Premises or any portion thereof and no <br /> options to sell exist other than this Agreement. <br /> 4. There are, and shall be, no mechanic's liens or other liens affecting the Premises ', <br /> at Closing, and Municipality shall deliver an affidavit to said effect at Closing. � <br /> 5. There is no suit, arbitration, mediation, condemnation,proceeding, investigation <br /> or notice pending or threatened that pertains to or affects the Premises. <br /> 6. No notice from any Federal, State, City or other governmental authority has been <br /> received by Municipality or Municipality's agents of violation of any <br /> environmental statute,rule or regulation with respect to the Premises. <br /> 7. The Municipality is in negotiations with the owners of the properties <br /> located across North Water Street with street addresses of 301 through 363,both <br /> inclusive, North Water Street, Decatur Illinois, as legally described on Exhibit C <br /> hereto, and shall acquire, demolish and/or redevelop said properties no later than <br /> the date set forth within Section 8.3 of this Agreement. <br /> 8. The Municipality has Requested Proposals prior to selling the Premises to <br /> Developer and has selected the Developer's proposal as the highest and <br /> best use of the premises. <br /> 9. The Municipality shall take all actions necessary to fulfill the <br /> contingencies within Developer's written lease agreement with its anchar <br /> tenant as described in Sections 8.2, 8.3, 8.4, 8.5 and 8.6 of this Agreement <br /> within the tiineframes set forth therein. <br /> 10. Geological Conditions. There are no soil or geological conditions <br /> affecting the Premises that could materially and adversely affect the <br /> RDLLC 20000926 vl � <br />