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d. Title PoIicy. The Tiiie �nsurer shall delive:r to Buyer at the ctosing a�itle <br />policy issued pu.rsuant to the commitment, or a suitably marked—up <br />commitmer�i ir�itialed by the Title Insurer undertaking to issue such a title <br />policy in the form required by the commitment as approved by Buyer. <br />10. Representations and Warranties by Seller. Se�ler represents and warrants to <br />Buyer as follows: <br />a, Auihority. Seller has the requisite pawer ar�d authority to enter into and <br />perform this Agreement. <br />b. Title to Property. Sel�er owns the Property free and clear af all <br />encumbrances except filae Permitted Encumbra�aces. <br />c. Rights of Others to Purchase Property. Se11er has not entered into any <br />other contracts �or the sale of the Property. <br />d. F�RPTA. Seller is not a"foreign person," "#'ore'rgn partnership," "foreign <br />trust" or "foreign state" as those terrns are defined in § I445 of the Znternal <br />Revenue Code. <br />e. Proceedings. To the best know�edge of Seiler, ihere is n.o action, litigaiion, <br />investfgation, condemnation or proceeding of any kind pending ar <br />threatened agains� Seller or the Property. <br />f. Labor ar Material Liens. �eller warrants that there has bee� no labor or <br />material furnished ta the Property for which payment has r�ot been made. <br />g. Wells and Septic Systems. Se�ler shall provide Buyer with a well <br />disclasure statement and a septic system disclosure statement, which <br />disclasure statements are incorporated in this Section by re�er�nce. <br />Seller w'rll defen�, indemnify and hold harm�ess Buyer from a.nd against any expenses or <br />damages, including reasonable attorney's fees, that Buyer incurs because af the breach of <br />any of the abflve representations and wafranties. Each of thc repzesentations and <br />war�anties contained herein shall survive tt�e Clasing. <br />11. Representations and Warranties by Buyer. Buyer has ihe requisite power and <br />authority to cntcr into and perform this Agreement. <br />12. Condition of Property, The Property is being sald "as is." Seller makes no <br />representations concerning the candrtion of the Property, environmental matters, or the <br />suitabiIity of the Property �or Buyer's intended uses. Until the Date o� Closing, Sel�er <br />5 <br />