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3. REPRESENTATIONS, WARRANTIES AND COVENANTS OF SELLER: <br />Seller makes the following representations and warranties to <br />Buyer as of the effective date of this Agreement and again as of <br />the Closing Date: <br />(a) Title. At the Closing Date, Seller shall have 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 is <br />Seller committed nor obligated in any manner whatsoever to sell <br />the Property or any portion thereof to any party other than <br />Buyer. <br />(e) 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 agrees to keep the Property free <br />from such liens that might result and to indemnify, defend, and <br />hold Buyer harmless from any and all such liens and all <br />attorneys' fees and other costs incurred by reason thereof. <br />(f) Reports. All Reports, certificates, and other <br />documents containing factual information delivered by Seller, or <br />3 <br />