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(g) Proceedings. To the best of Seller's knowledge and inquiry, there are no
<br /> pending and no threatened or contemplated, actions, suits, arbitrations, claims or proceedings, at
<br /> law or in equity, affecting the Property or in which Seller is, or will be, a party by reason of
<br /> Seller's ownership of the Property, including, but not limited to, judicial, municipal or
<br /> administrative proceedings in eminent domain, proceedings or inquiries by any governmental
<br /> authority with respect to the presence of Hazardous Materials on the Property or the migration
<br /> thereof from or to other property, unlawful detainer or Tenant evictions, collections, personal
<br /> injuries or property damages alleged to have occurred at the Property or by reason of the
<br /> condition or use of the Property.
<br /> (h) Work Contracts. At the Closing, there will be no outstanding amounts
<br /> owing by Seller under any Contracts for any improvements to the Real Property. Seller shall
<br /> cause to be discharged all mechanics' and materialmen's liens arising from any labor and
<br /> materials furnished by or at Seller's direction prior to the Closing. No person or entity holds any
<br /> rights to purchase or otherwise acquire all or any portion of the Property (or interest therein),
<br /> including pursuant to any Purchase and Sale Agreement, option, right of first offer, right of first
<br /> refusal, gift or other agreement.
<br /> (i) Other Contracts. Exhibit E to this Agreement sets forth a complete and
<br /> accurate list of Contracts (other than insurance policies and the Lease) affecting the Property,
<br /> and neither Seller nor any provider under any of the Contracts has asserted any breach or default
<br /> thereunder. Seller has not received any written notice of a Seller default and Seller has no
<br /> knowledge of any existing Seller defaults under the Contracts. Seller has not received any
<br /> written notice of a default by another party, and Seller has no knowledge of any existing other
<br /> party default under the Contracts. Prior to Closing, Seller shall not amend any existing Contract
<br /> or enter into any new Contract affecting the Property that will survive the Closing, or that would
<br /> otherwise affect the use, operation or enjoyment of the Property after Closing, without Buyer's
<br /> prior written approval.
<br /> (j) No Commitments. Seller has not made any commitments to any
<br /> governmental authority, to any adjoining property owner, or to any other organization, group,
<br /> individual or entity relating to the Real Property which would impose any obligations upon
<br /> Buyer to make any contributions of money or land or to install or maintain any improvements.
<br /> (k) Lease. Seller is the current landlord under the Lease. Seller is not in
<br /> default under the Lease and to Seller's knowledge no default on the part of Docktown Marina,
<br /> Inc. exists (and no event has occurred that with the passage of time or the giving of notice, or
<br /> both, would be a default) under the Lease. Seller has not assigned or otherwise transferred any
<br /> interest in the Lease to any other party and Seller has not consented to any sublease or
<br /> assignment of the Lease by Docktown Marina, Inc.. As of the Effective Date and as of the
<br /> Closing, there shall be no outstanding leasing costs, including without limitation commissions,
<br /> free rent, tenant improvement costs or allowances, or other tenant inducements or concessions
<br /> owing by the landlord under the Lease.
<br /> (1) Rights of Third Parties. Seller has not alienated, encumbered, transferred,
<br /> optioned, leased, assigned, transferred, or otherwise conveyed its interest or any portion of its
<br /> interest in the Property or any portion thereof except for the Lease or as may be expressly set
<br /> Pa/chase and Sale Agreement 1548 Maple
<br /> 03.04.2011 v.1
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