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4 <br />LA515\146\976114.v4 <br />E. To Seller’s knowledge, there are no utilities serving the Property that would need <br />to be paid at closing. <br /> <br />F. Sellers are the fee owners of the Property subject to the Permitted Encumbrances, <br />and no consents or approvals from any third parties are required for Sellers’ <br />consummation of this transaction. <br /> <br />G. Except for the Farm Lease, there are no tenants or third parties in possession of the <br />Property. Sellers agree that they will not renew the Farm Lease or enter into any <br />leases with respect to the Property prior to closing. <br /> <br />H. To Sellers’ knowledge, there are no individual sewage treatment systems or wells <br />located on the Property. <br /> <br />As used herein, the term to Sellers’ “knowledge” shall mean and refer to only the current actual <br />knowledge of the Sellers and shall not be construed to refer to the knowledge of any other agent, <br />broker, employee or representative of Sellers, or any affiliate of Sellers, or to impose upon Sellers <br />any duty to investigate the matter to which such actual knowledge or the absence thereof pertains. <br />If Sellers acquire knowledge or receive notice of events or circumstances which render the <br />representations and warranties set forth in this Agreement inaccurate, Sellers shall notify Buyer in <br />writing of such inaccuracy. If such an inaccuracy is adverse to Buyer, Buyer may either (i) <br />terminate this Agreement within thirty (30) days thereafter, in which event the Earnest Money <br />deposit shall be returned to Buyer, and neither party shall have any further obligations under this <br />Agreement, except for the surviving obligations, or (ii) elect to proceed with the purchase of the <br />Property pursuant to this Agreement, in which event the representation and warranty will be <br />deemed to be automatically amended to correct the inaccuracy. <br /> <br />BUYER ACKNOWLEDGES AND AGREES THAT, EXCEPT AS EXPRESSLY SPECIFIED <br />IN SECTION 5 OF THIS AGREEMENT, SELLERS HAVE NOT MADE, AND SELLERS <br />HEREBY SPECIFICALLY DISCLAIM, ANY REPRESENTATION OR WARRANTY OF <br />ANY KIND, ORAL OR WRITTEN, EXPRESS OR IMPLIED, OR ARISING BY OPERATION <br />OF LAW, WITH RESPECT TO THE PROPERTY, THE FARM LEASE OR THE FARM <br />TENANT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OR <br />REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, TITLE, ZONING, TAX CONSEQUENCES, PHYSICAL OR <br />ENVIRONMENTAL CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, <br />VALUATION, GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY <br />WITH GOVERNMENTAL LAWS, THE PROPERTY. BUYER AGREES TO ACCEPT THE <br />PROPERTY AND ACKNOWLEDGES THAT THE SALE OF THE PROPERTY AS <br />PROVIDED FOR HEREIN IS MADE BY SELLERS ON AN "AS IS, WHERE IS, AND WITH <br />ALL FAULTS" BASIS. BUYER IS AN EXPERIENCED PURCHASER OF PROPERTIES <br />SUCH AS THE PROPERTY AND BUYER HAS MADE OR WILL MAKE BUYER’S OWN <br />INDEPENDENT INVESTIGATION OF THE PROPERTY. THE PROVISIONS OF THIS <br />SECTION 5 SHALL SURVIVE THE CLOSING HEREUNDER. <br /> <br />The representations and warranties of Sellers set forth in Section 5 shall survive the closing for a