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i <br />3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER: <br />Seller makes the following representations and warranties to <br />Buyer: <br />(a) Title. At the Closing Date, Seller has good, <br />marketable, and indefeasible fee simple title to the Property <br />subject only to the Permitted Exceptions, and Seller is aware of <br />no other matters that adversely affect title to the Property. <br />(b) Leases. There are no leases, licenses, or other <br />agreements granting any person or persons the right to use or <br />occupy the Property or any portion thereof. <br />(c) Options. Seller has not granted any options nor <br />committed nor obligated themselves in any manner whatsoever to <br />sell the Property or any portion thereof to any party other than <br />Buyer. <br />(d) Construction Liens. To the extent any improvements <br />have been made or will be made to the Property prior to the <br />Closing Date that might form the basis of mechanics' or <br />materialmen's liens, Seller will keep the Property free from <br />such liens that might result and to indemnify, defend, and hold <br />Buyer harmless from any and all such liens and all attorneys' <br />fees and other costs incurred by reason thereof. <br />(e) Reports. All Reports, certificates, and other <br />documents containing factual information delivered by Seller, or <br />by Seller's agents in connection with this Agreement, are and <br />shall be, to the best of Seller's knowledge, true and complete <br />3 <br />