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200000293
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Last modified
7/20/2017 7:12:37 PM
Creation date
10/20/2005 7:38:12 PM
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DEEDS
Inst Number
200000293
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�-. � <br /> 200000293 <br /> and refrain from any use of the Property for any purpose or in any manner which would <br /> diminish value or adversely affect the Conservancy's intended use of the Property as a <br /> nature preserve. <br /> In the event of any adverse change in the condition of the Property, the ' <br /> Conservancy may elect to: a) refuse to accept the Property, in which case the <br /> consideration paid for this agreement shall be refunded, b) accept the Property, or a <br /> portion thereof, in which case there may be an equitable adjustment of the purchase price <br /> based on the change in circumstances, or c) require restoration of the Property to its <br /> condition at the time the right of first refusal was exercised. <br /> 17. RIGHT OF ENTRY AND INSPECTION. The Conservancy and its agents <br /> shall have the right to enter upon the Property at reasonable times for surveying, <br /> conducting an environmental inspection and assessment to detect hazardous or toxic <br /> substances, and other reasonable purposes related to this transaction. Based upon the <br /> results of the environmental inspection and assessment, the Conservancy may elect to <br /> refuse to accept the Property in which case the consideration paid for this agreement shall <br /> be refunded or require Grantor to correct the problem or pursue any other remedy <br /> available under this agreement. <br /> 18. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor <br /> currently warrants and represents to the Conservancy and will warrant and represent to <br /> the Conservancy at the time of closing, the following matters and agrees to indemnify, <br /> defend and hold the Conservancy harmless from any loss or liability relating to these <br /> matters, with the intent that these representations, warranties and indemnities shall <br /> survive closing: <br /> a. Condition of Propertv. Grantor is not aware of any facts that would <br /> adversely affect the Conservancy's intended use of the Property as a nature <br /> preserve. <br /> b. Ti�le to the Propertv/Authority. Grantor is the sole legal owner of the <br /> Properiy in fee simple. The Property is not now subject to any written or <br /> oral lease, option, agreement of sale, claim or legal proceeding except as set <br /> forth herein. Grantor has the full power and authority to execute this <br /> agreement and all agreements and documents referred to in this agreement <br /> and to fully perform as required by this agreement. <br /> c. Hazardous Materials. The Property is not now nor, to the knowledge of <br /> Grantor, has it ever been used for the manufacture, use, storage or disposal <br /> of any hazardous or toxic substance, material or waste within the meaning <br /> of any applicable environmental statute, ordinance or regulation. No <br /> - 13 - <br />
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