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5.2 At the time the Lot is released pursuant to Article 4, Seller shall pay or escrow the balance due on special assessments levied or pending as of the date of the Purchase agreement for the Lot released. ■ ARTICLE VI: POSSESSION 6.1 Purchaser shall not be entitled to continence construction of any improvements whatsoever on the Lot until: (A) Purchaser has delivered to seller evidence of the maintenance of the insurance referred to in Paragraph 7.2 (K), hereof. (B) Purchaser evidences that Purchaser is not in default in any of its undertakings or obligations to Seller. (C) House plans have been approved by the Architectural Control Conunittee. (D) Purchaser acknowledges and approves of the Declaration of Covenants, the development plan, grading plan and certificate of survey, and Declaration of Restrictions and Covenants for replacement wetlands. ARTICLE VII: REPRESENTATIONS AND WARRANTIES OF SELLER & PURCHASER 7.1 Seller represents and warrants to Purchaser as follows: (A) This Contract is valid and binding upon Seller in accordance with its terms. (B) Seller has the authority and power to enter into this Contract and to consummate the transaction contemplated. (C) That the Seller will convey good marketable fee simple title to the Property, free and clear of any and all liens, mortgages, pledges, security interests, leases, charges, encumbrances, joint ownerships, or restrictions of any kind, except for Permitted Title Exceptions. (D) Seller represents and warrants that to Seller's best knowledge and belief there is no litigation, proceedings, claim or investigation pending or threatened, and there is no contract or agreement to which Seller is currently a party which, at or after Closing, would adversely affect the Property or might result in a materially adverse effect on the Property. (E) Seder represents and warrants that the Property is now zoned for single- family use, Single Family Residential District. (F) Seller shall install, at Seller's sole expense, the storm sewer, sanitary sewer, water, gas, electricity and telephone lines, blacktop streets, street curbs and sidewalks, if required, within dedicated right -of- ways and easements providing service to the Lot line. Purchaser understands that as of the date of this Purchase Agreement the improvements may not be in place but that the Seller shall make a reasonable effort to have them installed in a timely manner. Purchaser specifically acknowledges that Seller shall not be obligated and Purchaser shall be responsible for all other charges in connection with the furnishing of utilities, including but not Limited to, SAC, WAC and all other city fees and permit fees required by the City of Centerville. Purchaser shall be responsible for hook -up of utility service. 7.2 Purchaser represents and warrants to Seller as follows: (A) That Purchaser has the authority and power to enter into this Contract and consummate the transaction contemplated hereby, and neither the execution or delivery of this Contract by Purchaser nor its performance by Purchaser will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction or any court or govemmental agency. (B) It is expressly understood and agreed that Seller makes no representation or warranties (express or implied) to Purchaser as to the fitness or condition of said Lot for improvements, except if in the process of excavating said Lot for normal and customary single - family footings, using a smooth bucket backhoe only, and provided said excavation is consistent with the Development Plan and provided said footings conform to the designed "House -Pad" and the Purchaser discovers soil conditions unacceptable for the placement of said footings on the designed "House- Pad ", then the Purchaser shall immediately notify the Seller in writing of same and the Seller shall have the option in its sole discretion to either: Page 2 of 6 Pages