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Section 5. Warranties of Seller. Seller shall warrant and represent that: <br />A. Seller has not received any notice of, and does not have any actual knowledge <br />of, any violation of any law, ordinance, code, or regulation with regard to <br />zoning affecting the Property. <br />B. Seller has not received any notice, and does not have actual knowledge or <br />information about, any existing or threatened condemnation or other legal <br />action of any kind affecting the Property. <br />C. . Seller has not received any notice of, and does not have any actual knowledge <br />of, any actual or contemplated special assessments against the Property, or <br />reassessments for general real estate tax purposes affecting the Property. <br />D. Seller owns fee simple insurable title to the Property, subject only to <br />exceptions stated in paragraph 4 above. From the present date to the date of <br />Closing, Seller shall assure that any occupants of the Property conduct <br />business on the Property in compliance with all federal, state, and local <br />environmental laws and regulations, including but not limited to those <br />concerning discharge into the publicly owned sewage treatment works, and <br />further that during such period the neither Seller nor any occupant shall create <br />on the Property any easements or other encumbrances, except as herein <br />specifically authorized, which would prevent Seller from conveying title to <br />Buyer subject only to such exceptions as herein permitted. The Property, <br />including all buildings and improvements, will be in the same condition and <br />repair at Closing as at the date of this Agreement, reasonable wear and tear <br />excepted. <br />E. Except for any items to be assumed by Buyer or to be prorated as set forth in <br />this Agreement, Seller shall be solely liable for the payment of all expenses, <br />liabilities, obligations, and claims arising solely out of Sellers ownership and <br />use of the Property prior to Closing <br />F. Seller has not ordered, and will not order, any material, labor, or services <br />which could result in the filing of any mechanics' or materialmen's lien <br />against the Property. <br />G. Seller shall have caused all occupants and tenants to have vacated the <br />Property on or before Closing. <br />Section 6. Title Insurance Commitment and Policy. At the Closing, a Policy of Title <br />Insurance or an endorsement to the Title Commitment shall be issued to Buyer insuring Buyer's fee <br />simple interest in the Property, as of the date of Closing, subject only to the exceptions stated in <br />0 3 <br />