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10. Operations Before Closing. During the period from the Effective Date to the <br /> Closing Date, Seller will not enter into or consent to any agreement or obligation <br /> regarding the Property which is not terminable before Closing without Buyer's prior <br /> written consent. <br /> 11. Seller's Representations and Warranties. Seller represents and warrants to <br /> Buyer now and as of the Closing Date as follows: <br /> a. Title to Property. Seller owns the Property,and on the Closing Date,(which <br /> may be in connection with and as a result of the Closing) the Property will be <br /> free and clear of all liens and encumbrances, except the Permitted Encumbrances. <br /> b. Roads and Utilities. The Property has full and complete legal access from an <br /> adjoining public road. Electric,water, sanitary sewer, and natural gas utilities are <br /> available to the improvements on the Property. Seller has no knowledge of and <br /> has received no notice of actual or threatened reduction or curtailment of any <br /> roadway access or utility service now supplied, or to be supplied,to the Property. <br /> C. Assessments. Seller has no knowledge of and has not received any notice of <br /> actual or threatened special assessments or reassessments of the Property, or any <br /> hearing notice of a new public improvement project from any governmental <br /> assessing authority,the costs of which may be assessed against the Property. <br /> Seller will promptly provide Buyer with any notices it receives regarding any <br /> special assessments or other charges against the Property. <br /> d. Rights of Others to Purchase Property. Seller has not entered into any other <br /> contracts for the sale of the Property,nor are there any rights of first refusal, <br /> options to purchase, rights to build, leases or any other agreements regarding the <br /> Property, or any other rights of others that might prevent this Agreement's <br /> consummation or Buyer's purchase of the Property in any way. <br /> e. Construction Liens. No materials have been delivered nor any work or labor <br /> performed on the Property under contracts with Seller during the last 120 days <br /> which have not been fully paid for, and no person or entity presently has any lien, <br /> or right of lien, against the Property for labor or materials. Seller will indemnify <br /> Buyer for all amounts that Buyer may be compelled to pay in discharging or <br /> settling any mechanics lien filed for record against the Property and relating to <br /> such labor and/or materials. <br /> L Wells, Septic Systems, Tanks. There is a well located on the Property. Prior to <br /> Closing, Seller shall cap the well,at Seller's cost, and in compliance with all <br /> applicable ordinances and codes. <br /> g. Compliance With Law. To Seller's best knowledge,the Property is in <br /> compliance with, and shall be in compliance with on the Closing Date, all <br /> applicable zoning ordinances and other applicable federal, state and local laws <br /> and regulations with respect to the Property. <br /> 8 <br />