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i~ <br />or available to Seller, including, but not limited to, title insurance policies, attorneys opinions on <br />title, surveys, covenants, deeds, notes, deeds of trust, easements, leases, licenses or other <br />agreements granting any person or persons the right to use or occupy the Property or any portion <br />thereof. Any unwritten lease, agricultural or otherwise, of any portion of the Property shall be <br />documented by affidavit of Seller, evidencing the term of any such lease. <br />(c) Any and all deeds of trust, liens or other charges against the Property not assumed <br />by Buyer must be paid and cancelled by Seller prior to or at closing. <br />(d) A condition precedent to Buyer's and Seller's obligations to close on the sale of <br />the Property is that Buyer's Board of Commissioners formally approve the purchase and approve <br />BOTH the form of the Deed of Conservation Easement in the Property .and the form of the <br />General Warranty Deed conveying the fee simple interest in the Property to Buyer by action in <br />an open public meeting as provided by law. <br />8. MISCELLANEOUS PROVISIONS: <br />(a) This Agreement embodies and constitutes the entire understanding between the <br />parties with respect to the transaction contemplated herein and all prior agreements, <br />understandings, representations and statements, oral or written, are merged into this Agreement. <br />12 <br />