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I?Wl <br /> <br />ARTICLE 3. REPRFSENTATIONS AND WARFANTIES OF SELLER <br />Warranties of Seller <br />3.01 Seller hereby represents and warrants to Buyer as follows: <br />(1) There are no parties in possession of any part of said property as lessees, tenants at <br />sufferance, or trespassers; except for an oil and gas lease; <br />(2) There is no pending or threatened condemnation or similar proceeding or assessment <br />affecting said property, or any part thereof, nor to the best lrnowledge and belief of Seller as any <br />such proceeding or assessment contemplated by any governmental authoriry; <br />(3) The seller has complied with all applicable laws, ordinances, regulations, statutes, <br />rules, and restrictions relating to said property, or any part thereof; <br />(4) There are sewer, water, gas and electricity lines to said property which are available <br />for "tap in" by the Buyer and which aze sufficient for service on said property; and <br />(5) Said properiy has full and free access to and from public highways, streets or roads <br />and, to the best lrnowledge and belief of Seller, there is no pending or threatened governmental <br />proceeding which would impair or result in the terminarion of such access. <br />ARTICLE 4. BREACH <br />Sel er <br />4.01 Should Seller default on the full and timely performance of any obligation under <br />the terms of this Agreement for any reason other than Buyer's default, Buyer may: <br />(1) Enforce specific performance of this Agreement; <br />(2) Request that the down payment shall be forthwith returned to Buyer; or <br />(3) Bring suit for damages against the Seller. <br />