(“IRC”) Section 1445, as amended, and the regulations promulgated thereunder
(collectively “FIRPTA”);
(iv) The Premises are not affected by any exemptions or
abatements of taxes; and
(v)
Seller has been known by no other name for the past ten
years, except _____________________________________.
(b) Seller covenants and warrants that all of the representations and
warranties set forth in this contract shall be true and correct at Closing.
(c) Except as otherwise expressly set forth in this contract, none of
Seller’s covenants, representations, warranties or other obligations contained in this
contract shall survive Closing.
12. Condition of Property. Purchaser acknowledges and represents that
Purchaser is fully aware of the physical condition and state of repair of the Premises and
of all other property included in this sale, based on Purchaser’s own inspection and
investigation thereof, and that Purchaser is entering into this contract based solely upon
such inspection and investigation and not upon any information, data, statements or
representations, written or oral, as to the physical condition, state of repair, use, cost of
operation or any other matter related to the Premises or the other property included in the
sale, given or made by Seller or its representatives, and shall accept the same “as is” in
their present condition and state of repair, subject to reasonable use, wear, tear and
natural deterioration between the date hereof and the date of Closing (except as otherwise
set forth in paragraph 16(e)), without any reduction in the purchase price or claim of any
kind for any change in such condition by reason thereof subsequent to the date of this
contract. Purchaser and its authorized representatives shall have the right, at reasonable
times and upon reasonable notice (by telephone or otherwise) to Seller, to inspect the
Premises before Closing.
13. Insurable Title. Seller shall give and Purchaser shall accept such title as
_______________________________________________________________ shall be
willing to approve and insure in accordance with its standard form of title policy
approved by the New York State Insurance Department, subject only to the matters
provided for in this contract.
14. Closing, Deed and Title. (a) “Closing” means the settlement of the
obligations of Seller and Purchaser to each other under this contract, including the
payment of the purchase price to Seller, and the delivery to Purchaser of a
____________________________________________ deed in proper statutory short
form for record, duly executed and acknowledged, so as to convey to Purchaser fee
simple title to the Premises, free of all encumbrances, except as otherwise herein stated.
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