Laserfiche WebLink
09-05-'19 09:03 FROM- Doniphan Insurance 4028454401 T-812 P0002/0006 F-987 <br />201906319 <br />ARTICLE IV <br />REPRESENTATIONS AND WARRANTIES OF SELLER <br />As a material inducement to Buyer to enter into this Agreement and with the understanding <br />that Buyer shall be relying thereon in consummating the purchase and sale contemplated <br />hereunder, Seller hereby represents and warrants as follows: <br />Section 4.1 Organization and Standing. Seller is a public corporation and political <br />subdivision of the State of Nebraska, validly existing and in good standing under the laws of the <br />State of Nebraska and is qualified to do business in the State of Nebraska, and has all requisite <br />power and authority to consummate the transaction contemplated herein. <br />Section 4.2 Authorization. The execution and performance of this Agreement have been <br />duly authorized by Seller. <br />Section 4.3 Condition of Property. <br />a. Seller has no liability to Buyer, as between Buyer and Seller, for any <br />environmental hazard or environmental claim on or to the Property resulting <br />from any occurrence after the Closing Date. <br />b. Property is being sold "as is" and Seller makes no representation as to condition <br />of the Property or the suitability for any purpose. <br />Section 4.4 Litigation. Seller has received no notice that any action, suit or proceeding is <br />pending, nor to the best of the Seller's knowledge is any such action threatened against Seller <br />which might result in any adverse change in the Property or the possession, use or enjoyment <br />thereof by Buyer. <br />Section 4.5 Breaches. The execution and performance of this Agreement and the <br />completion of the transactions contemplated herein shall not result in any material breach of any <br />of the terms of conditions of any mortgage, bond, indenture, agreement, contract, license or other <br />instrument or obligation to which Seller is a party or by which the Property is subject; nor, to the <br />best of Seller's knowledge, shall they violate any statute, regulation, judgment, writ, injunction or <br />decree of any court entered in a proceeding or action to which Seller is a party or to which any of <br />the Property may be subject. <br />Section 4.6 General. The representations and warranties contained in this Article IV shall <br />be correct in all respects on and as of the Closing Date with the same force and effect as if such <br />representations and warranties had been made on and as of the Closing Date and shall survive the <br />Closing Date. <br />2 <br />