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<br />. <br /> <br />. <br /> <br />price and any documentary fees or recording fees associated with <br />this transaction. <br /> <br />The parties shall split equally any closing costs not <br />otherwise specifically provided for herein. <br /> <br />8. <br />the date <br />follows: <br /> <br />SELLER'S WARRANTIES AND P.EPRESENTATIONS. Effective as of <br />of this agreement, SelJ.er warrants and represents as <br /> <br />(e) <br /> <br />(a) <br /> <br />Au~~ority. Seller is the sole owner of the shares <br />of stock and property described herein and <br />possesses all right, authority and power to execute <br />and perform this ~greement. This agreement has <br />. been duly executed ~y the Seller and is enforceable <br />, against the Seller in accordance with its terms. <br /> <br />(b) <br /> <br />Title. Seller wa~rants that he has marketable <br />title to the shares of stock and property described <br />herein and warrants title to said shares of stock <br />and further warrants and represents that at the <br />time of closing, said stock shall be transferred to <br />the Buyer free 3nd clear of all liens and <br />encumbrances of a~Y type or nature, including <br />specifically but nc:lt limited to deeds of trust, <br />security agreements, collateral agreements, <br />hypothecations, pl~dges, or any other type of <br />encumbrance on this Property. <br /> <br />(c) <br /> <br />Condemnation. The property has not been condemned <br />and that there are no presently pending or <br />threatened condemnation actions with respect to the <br />Property or any part hereof, nor has the Seller <br />received any notice of any condemnation actions <br />being contemplated. <br /> <br />Litigation. There are no pending suits, actions, <br />complaints, disputeS either in Court or by any <br />other administrative agency affecting the title, <br />quality or quantity of the Property described <br />herein, nor has the Seller received notice of any <br />such actions being contemplated. <br /> <br />Existing Encumbrances. The Property is currently <br />subject to the following encumbrances: <br /> <br />(1) A deed of trust and security agreement to the <br />Colorado Water Conservation Board dated March <br />24, 1997, and which deed of trust is recorded <br />among the land records of Pueblo County, <br />Colorado, in Book ____ at Page <br /> <br />(d) <br /> <br />3 <br />