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refusal, or option to buy, other than current property taxes and <br />rights, reservations, covenants, easements, conditions, and <br />restrictions of record as of the effective date of this Agreement <br />that do not materially affect the value of the Property or unduly <br />interfere with Buyer's intended use of the Property, and those <br />exceptions approved in writing by Buyer ( "Permitted Exceptions "). <br />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 <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 agrees to keep the Property free from <br />such liens that might result and to indemnify, defend, and hold <br />9 <br />