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title to the Property, free of liens, encumbrances, restrictions, easements, tenancies or other burdens except as accepted by Purchaser (the "Permitted Encumbrances") along with the Well Certificate in the' form required by law; and (b) Actual possession of the Property, free, clear and discharged of possession by any person, in the same condition as on the date hereof, ordinary wear and tear excepted; and (c) A FIRPTA affidavit (as described in Section 3(a); and (d) A customary Seller's Affidavit; and (e) Owner's Duplicate Certificate of Title and any abstracts in Owner's possession for any part of the Property under the Torrens or Abstract system; and (f) A designation agreement designating the recording person for purposes of completing Internal Revenue Form 1099; and (g) Filed regulatory and governmental documentation of capping of well. 3. REPRESENTATIONS BY OWNER. Owner represents and warrants to Purchaser that: (a) Owner is not a "Foreign Person" within the meaning of Section 1445 of the Internal Revenue Code of 1954, as amended, and Owner will deliver an affidavit to such effect to Purchaser at the Closing, as required by that Section; and (b) The Owner does not know of any underground storage tanks or aboveground storage tanks; and (c) The Owner does know of a well on the Property. The Owner will have the well capped on or before Closing in accordance with appficable laws. The Owner will file with appropriate regulatory and governmental agency evidence of such capping and furnish evidence thereof to Purchaser on or before Closing; and (d) There is immediate and direct access to the Property from an existing constructed, dedicated, and traveled public road; and (e ) Water and sewer lines, power lines for electricity, and gas lines are available immediately adjacent to the Property so that Purchaser may, at any time, have any improvements which may be placed upon the Property connected to said existing lines; and 2