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<br />. <br /> <br />. <br /> <br />. <br /> <br />obligations under this Agreement and any related agreements and any amount <br />previously paid by Buyer to Seller, including the Earnest Money, shall be refunded to <br />Buyer. <br /> <br />8.3 Permitted Encumbrances. The Warranty Deed shall be subject to (a) <br />those matters of record not raised by Buyer as Objections; (b) building, zoning and <br />subdivision laws and regulations; and (c) those matters agreed to by Buyer in writing <br />("Permitted Encumbrances"). <br /> <br />8.4 Title Policy. Buyer will obtain and pay for its own title insurance policy, <br />together with all endorsements, if desired. <br /> <br />9. Warranties and Representations. Seller warrants and represents the following <br />to Buyer, and acknowledges that Buyer has relied on such representations and warranties in <br />agreeing to enter into this Agreement: <br /> <br />9.1 Governmental Matters. Seller has not received written notice, and has <br />no knowledge, of (a) any pending or contemplated annexation or condemnation <br />proceedings, or purchase in lieu of the same, affecting or which may affect all or any <br />part of the Property; (b) any proposed or pending proceeding to change or redefine the <br />zoning classification of all or any part of the Property, other than changes requested or <br />which will be requested by Buyer as part of the development of the Property; (c) any <br />proposed changes in any road patterns or grades which would adversely and <br />materially affect access to the roads providing a means of ingress or egress to or from <br />the Property; or (d) any uncured violation of any legal requirement, restriction, <br />condition, covenant or agreement affecting the Property or the use, operation, <br />maintenance or management of the Property. <br /> <br />9.2 Consents. No consents or approvals from any other party are necessary <br />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 to <br />the Permitted Encumbrances. Specifically but not by way of limitation, (a) there shall <br />be no leases, tenancies, agreements or other contracts of any nature or type affecting <br />or 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, options, <br />rights of first refusal or similar contract rights or restrictions on Seller's right to sell any <br />of the Property; and (c) no subdivision or lot split is necessary in order to sell the <br />Property to Buyer. <br /> <br />9.4 Environment. As of the Execution Date, Seller does not have any <br />knowledge of any condition on the Property that may support a claim or cause of <br />action under (a) the Comprehensive Environmental Response Compensation and <br />Liability Act of 1980 ["CERCLA"]. 42 U.S.C. S 9601-9657, as amended, or any similar <br />state law or local ordinance; (b) the Resource Conservation and Recovery Act of 1976, <br />42 U.S.C. S 6901, et seq.; (c) the Federal Water Pollution Control Act, 33 U.S.C. S <br /> <br />Purchase Agreemenl4 <br /> <br />7 <br />