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7. Title Insurance. Buyer may, at its option, and at Seller's cost and expense <br /> procure a standard owner's policy of title insurance from the Escrow Holder insuring that <br /> Seller's interest in the Subject Property is vested in Buyer upon Closing, subject to the <br /> exceptions which are acceptable or are deemed acceptable pursuant to Section 6. Seller shall pay <br /> for the base premium,but not for endorsements to the policy. <br /> 8. Seller's Promise not to Further Encumber. Seller shall not, without the prior <br /> written consent of Buyer, make any leases, contracts, options or agreements whatsoever affecting <br /> the Subject Property which would in any manner impede Seller's ability to perform hereunder <br /> and deliver title as agreed herein. <br /> 9. Seller's Representations. Seller makes the following representations: <br /> (a) At Closing, Seller will have the power to sell, transfer and convey all of <br /> Seller's right, title and interest in and to the Subject Property in accordance with the <br /> terms and conditions of this Agreement. <br /> (b) Seller represents and warrants that it is not a"foreign corporation"as defined <br /> in Section 1445 of the Internal Revenue Code. Seller's United States Taxpayer <br /> Identification Number is 23-7222333. <br /> (c) Well disclosure. [Check one of the following:] <br /> Seller certifies that Seller does not know of any wells on the Property. <br /> X Wells on the Property are disclosed by Seller on the attached Well <br /> (d) Disclosure of individual on-site sewage treatment system. [Check one of <br /> the following:] <br /> Seller certifies that Seller does not know of any individual on-site sewage <br /> X Individual on-site sewage treatment systems on the Property are disclosed <br /> by Seller on the attached Disclosure form. <br /> (e) Protected Historical Sites. [Select either one of the following:] <br /> X_ Seller represents that Seller does not know if there are historical, <br /> native American, or archeological materials on or in the Property <br /> that might be protected by law. <br /> To Seller's knowledge, the property does not have any American <br /> Indian burial grounds, other human burial grounds, ceremonial <br /> earthworks, historical materials, and/or other archeological sites <br /> that are protected by federal or state law. City's obligation to close <br /> is contingent upon City determining to City's satisfaction that the <br /> 178009v4 5 <br />