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<br />5. Brokers. <br /> <br />insurance company necessary to terminate the leasehold interest simultaneous with the <br />closing of this transaction. In addition to those documents required under Section 1. <br />of the Standards for Real Estate Transactions, the fee simple owner shall transfer its <br />interest in this Property by Trustee's Deed. <br /> <br />c. <br /> <br />Lessee and the Fee Simple Owner are not now insolvent and are not the subject of any <br />pending threatened or contemplated bankruptcy, insolvency or other debtor relief <br />proceedings. <br /> <br />d. <br /> <br />There are no actions, suits or proceedings pending or threatened against, by, or <br />affecting the Seller in any court, or before any government agency ~lating to the <br />ownership of, or seller'slility to convey the property. <br />.--(..,rP ~ i.ui'l \ be <br />Marshall & Ilsley",Comp ny of Florida" as Trustee, j<;: Fr~~@A~ed with good <br />marketable and insurable fee simple title. Macabee Realty, Inc., as long term lessee, <br />represents it is the sole party in possession as of this date and attaches a copy of the <br />Lease Agreement and any amendments thereto upon execution of this contract. The <br />Seller agrees that the lease may not be amended prior to closing without the written <br />consent of Buyer and that no new leasehold interest or tenancies shall be created <br />between the date of contract and the date of closing. <br /> <br />e. <br /> <br />f. <br /> <br />Lessee covenants and warrants that during his tenancy, he has not engaged in any <br />activity that would have compromised the accuracy of the audit as set forth in <br />paragraph 3b. hereinabove. <br /> <br />a. Seller warrants and represents that Buyer shall not be responsible for any Brokers <br />involved in this transaction and agrees to indemnify and hold harmless the City, the <br />Buyer, from and against any costs, fees, damages, claims and liabilities arising <br />including without limitation attorney's fees through all trial and appellate levels of <br />litigation out of any claim made by any Broker or salesman claiming by reason of its <br />dealings with Buyer or Seller. Macabee Realty, Inc., hereby represents that it is acting <br />solely and only as a principal in this transaction with the Buyer and specifically waives <br />claim to any real estate commission. <br /> <br />b. It is understood and acknowledg'ed that the Buyer has dealt with Macabee Realty, Inc., <br />as the Lessee only and not as a Broker. Buyer warrants and represents that Buyer has <br />dealt with no Brokers on this transaction. <br /> <br />6. Closing Proceeds. There shall be two separate closing statements and two separate closing <br />proceeds checks issued in connection with this closing. Closings shall be simultaneous with <br />Seller's expenses adjusted as to documentary stamps and title evidence in proportion to the <br />division of Seller's proceeds agreed upon by the Seller as per the terms of Paragraph 2c. Of <br />this Addendum. All real property tax, personal property tax and assessments liens, if any, shall <br />be prorated solely as to Lessee proceeds or as otherwise set forth in the land lease or as <br /> <br />3 <br />