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<br />. <br /> <br />. <br /> <br />. <br /> <br />shall be liable to the other for any further obligations under this Agreement and any <br />related agreements and any amount previously paid by Buyer to Seller, including <br />the Earnest Money, shall be refunded to Buyer; provided, however, that nothing <br />herein shall deprive Buyer of any rights or remedies available to Buyer at law or in <br />equity, including the right af enfarcing the specific performance of this Agreement. <br /> <br />8.3 Permitted Encumbrances. The Warranty Deed shall be subject to <br />(a) those matters of record not raised by Buyer as Objections; (b) building, zoning <br />and subdivision laws and regulations; and (c) those matters agreed to by Buyer in <br />writing ("Permitted Encumbrances"). <br /> <br />8.4 Title Policy. Buyer will obtain and pay for its own title insurance <br />policy, together with all endorsements, if desired. <br /> <br />9. Warranties and Representations. Seller warrants and represents the <br />following to Buyer, and acknowledges that Buyer has relied on such representations and <br />warranties in agreeing to enter into this Agreement: <br /> <br />9.1 Governmental Matters. Seller has not received written notice, and <br />has no knowledge, of (a) any pending or contemplated annexation or condemnation <br />proceedings, ar purchase in lieu of the same, affecting or which may affect all or <br />any part of the Property; (b) any proposed or pending proceeding to change or <br />redefine the zoning classification of all or any part of the Property; (c) any proposed <br />changes in any road patterns or grades which would adversely and materially affect <br />access to the roads providing a means of ingress or egress to or from the Property; <br />or (d) any uncured violation of any legal requirement, restriction, condition, covenant <br />or agreement affecting the Property or the use, operation, maintenance or <br />management of the Property. <br /> <br />9.2 Consents. No consents or approvals from any other party are <br />necessary to effect the transaction contemplated hereby. <br /> <br />9.3 Title. At Closing, Seller will be the sole owner of the Property and will <br />transfer to Buyer at Closing good and marketable title to the Property, subject only <br />to the Permitted Encumbrances. Specifically but not by way of limitation, (a) there <br />shall be no leases, tenancies, agreements or other contracts of any nature or type <br />affecting ar serving the Property as of the Closing Date (other than the Permitted <br />Encumbrances); (b) the Property is not subject to any other contracts for sale, <br />options, rights of first refusal or similar contract rights or restrictions on Seller's right <br />to sell any of the Property; and (c) no subdivision or lot split is necessary in order to <br />sell the Property to Buyer. <br /> <br />9.4 Environment. No condition exists on the Property that may support a <br />claim or cause of action under (a) the Comprehensive Environmental Response <br />Compensation and Liability Act of 1980 ["CERCLA"], 42 U.S.C. S 9601-9657, as <br />amended, or any similar state law or local ordinance; (b) the Resource Conservation <br /> <br />PurcnaseAgreemenl3.doc <br /> <br />7 <br />