Subject to Bankruptcy Court approval, the Property is being sold “AS IS” “WHERE IS”, “WITH ALL FAULTS,” without any representations, covenants, guarantees or warranties of any kind or nature whatsoever, and free and clear of any and all interests including, but not limited to, occupancies, liens, claims, encumbrances, interests, judgments and/or mortgages, or adverse claims to title, of whatever kind or nature (collectively, “Interests”), with such Interests, if any, to attach to the proceeds of sale in such order and priority as they existed immediately prior to the entry of the Order for Relief against the Debtor, and subject to, among other things: (i) any state of facts that an accurate survey may show; (ii) any state of facts a physical inspection may show; (iii) any covenants, restrictions and easements of record; (iv) any building or zoning ordinances or other applicable municipal regulations and violations thereof; and (v) environmental conditions.
Neither the Trustee nor any of her representatives make any representations or warranties with respect to the permissible uses of the Property, including, but not limited to, the zoning of the Property. In making an offer, each offeror acknowledges that: (i) it has conducted its own due diligence with respect to the Property; (ii) it is relying solely on its own independent investigation of the Property in making an offer to the Trustee; and (iii) it is not relying on any information provided by the Trustee and her professionals.
