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4. TITLE DEFECTS: If for any reason Seller cannot deliver title at Closing as <br />required by Paragraph 2 of this Agreement, Buyer may elect to a) accept the Property with title <br />as is; b) refuse to accept the Property; or c) allow Seller additional time to pursue reasonable <br />efforts to correct the problem, including bringing any necessary quiet title actions or other <br />lawsuits. <br />5. REPRESENTATIONS. WARRANTIES AND COVENANTS OF SELLER: <br />Seller makes the following representations and warranties to Buyer as of the effective date of this <br />Agreement and again as of the Closing Date: <br />(a) Title. At the Closing Date, Seller shall have good, mazketable, and indefensible <br />fee simple title to the Property subject only to the Permitted Exceptions, and Seller is awaze of no <br />other matters that adversely affect title to the Property. <br />(b) Leases. There aze no leases, licenses, or other agreements granting any person or <br />persons the right to use or occupy the Property or any portion thereof except as described in <br />paragraph 3(d) of this Agreement. <br />(c) tions. Seller has not granted any options nor is Seller committed nor obligated <br />in any manner whatsoever to sell the Property or any portion thereof to any party other than <br />Buyer. <br />(d) Construction Liens. To the extent any improvements have been made or will be <br />made to the Property prior to the Closing Date that might form the basis of mechanics' or <br />materialmen's liens, Seller agrees to keep the Property free from such liens that might result and <br />to indemnify, defend, and hold Buyer harmless from any and all such liens and all attorneys' fees <br />and other costs incurred by reason thereof. <br />(e) Reports. All Reports, certificates, and other documents containing factual <br />3 <br />