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<br />.. <br /> <br />.. <br /> <br />mentioned in the decree in Case No. W-4262, Water <br />Division 2, that the XY & Graham account in John Martin <br />Reservoir has been assigned and conveyed to Buyer and is <br />not available for use in connection with the Graham Ditch <br />Company water rights or the groundwater rights identified <br />in Case No. W-4262, Water Division 2. <br /> <br />8. ReDresentations and Warranties of Seller. Seller represents <br />and warrants to Buyer as follows: <br /> <br />a. At the Closing Seller shall have good and marketable <br />title to The Land and The Water Rights and The Land and <br />The Water Rights shall be free and clear of all liens, <br />encumbrances, leases, contracts, assessments, charges, <br />interests or adverse claims of any person or entity, <br />except ditch assessments of the X. Y. Irrigating Ditch <br />Company and real and personal property taxes not yet due <br />and owing. ' <br /> <br />b. During Seller's ownership of The Land, The Water Rights <br />have been used at the location and in the manner <br />described in the affidavit of use attiiched hereto as <br />Exhibit D (the "Affidavit"). Seller hereby acknowledges <br />that Buyer entered into this agreement in reliance upon <br />Seller's affirmation at closing of the representations <br />contained in the Affidavit. <br /> <br />c. Seller has not intended to abandon The Water Rights <br />during its ownership of The Water Rights and no such <br />abandonment has been caused by it. <br /> <br />d. There is no pending or threatened litigation, <br />condemnation or eminent domain action, administrative <br />proceeding or real estate tax protest or proceeding <br />pending or threatened against or affecting the ownerships <br />or use of The Land or The Water Rights or any portion <br />thereof which may have a materially adverse effect on the <br />value or use of, or title to The Land or The Water <br />Rights. <br /> <br />e. Seller has all necessary authority to enter into this <br />agreement and to perform the obligations hereunder, and <br />the consummation of this transaction will not violate anv <br />