Common use of Fee Property Clause in Contracts

Fee Property. With respect to the Fee Property: (i) Seller is not a "foreign person" as that term is used in Internal Revenue Code Section 1445 ("IRC ss.1445"), and Seller agrees to furnish Buyer, at or prior to Closing, an Affidavit of Non-Foreign Status or any other documentation required under IRC ss.1445 to evidence that Seller is not a "foreign person"; (ii) Except as listed on SCHEDULE 4.2, there are no leases, rental agreements or other agreements relating to the Fee Property which are to remain in effect after Buyer takes title to the Fee Property; and (iii) Seller has not received any written notice with respect to the Fee Property of any threatened rezoning, annexation, condemnation or modification proceeding which proceeding is still pending.