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exceptions must be approved in writing by Buyer ("Permitted Exceptions"). Utility easements <br />that are necessary for the residential use of the residence located on the 30 acre, more or less, <br />tract from which the Property will be subdivided are hereby reserved on the Property, which <br />utility easements, if they do not already exist on the date of this Agreement, shall be established <br />on the plat of the Property at a location or locations mutually agreeable to the Seller and the <br />Buyer. The deeds conveying the Property shall be on a North Carolina Bar General Warranty and <br />Special Warranty Deed forms. The Property description in the deeds shall conform to the survey <br />of the Property to be performed as prescribed in Paragraph 4(d) of this Agreement. <br />3. 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, marketable, and indefeasible <br />fee simple title to the Property subject only to the Permitted Exceptions, and Seller is aware of no <br />other matters that adversely affect title to the Property. <br />(b) Leases. There are no leases, licenses, or other agreements granting any person <br />or persons the right to use or occupy the Property or any portion thereof except as described in <br />this Agreement. <br />(c) Options. 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 />