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(O <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 not aware <br />of any matters that adversely affect title to the Property that are not of record in Orange County. <br />(b) Leases. There are 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 documented by <br />Seller as provided in Section 7(b) of this Agreement. Any such documentation shall be attached <br />as an exhibit to this Agreement at the time it is executed, acknowledged and delivered by Seller <br />to Buyer. <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 />5 <br />