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5. Seller's Representations • Seller represents to the Purchaser as follows: a. Fee Simple Ownership. Seller represents it is the sole fee simple owner of the Premises and has all necessary authority to sell the Premises; there are no other contracts for sale or options involving the Premises; Seller knows of no other person(s) who has or may claim any right, title or interest in the Premises; and there are no oral or written leases affecting or relating to the Premises. Between the date Seller executes this Agreement and Settlement, Seller shall not subject the Premises to or consent to any leases, or take any other action affecting or modifying the status of title or otherwise affecting the Premises, without the written consent of the Purchaser. b. Restrictions and Encumbrances of Record. Title to the Premises, at Settlement, will be free and clear of all restrictions, conditions, rights-of-way, easements, encumbrances or leases other than those contained in the chain of title to the Premises and to matters visible upon inspection. C. Zoning and Regulations; Condemnation. The Premises are zoned R-3, as defined by the City of Charlottesville Planning and Zoning Ordinance; there are no eminent domain or condemnation proceedings pending against the Premises, and Seller has no knowledge of such proceedings or of any intentions or plans, • definite or tentative, that such proceedings might be instituted; and Seller has no knowledge of any federal, state, county or municipal zoning or other restrictions, rules or regulations that will prevent the utilization of the Premises for the purposes of Residential Use, as allowed in City of Charlottesville R-3 zoning regulations. d. Actions or Suits. Unless as otherwise specifically set forth by Seller in an attachment to this Agreement, there are no actions or suits in laws or equity or proceedings by any governmental agency now pending or, to the knowledge of the Seller, threatened against Seller in connection with the Premises, and there is no outstanding writ, injunction or decree of any court or governmental agency affecting the Premises. e. Proffers and Commitments. There has not been made and will not be made, without Purchaser's consent, any proffers or other commitments relating to the Premises, which would impose any obligation on Purchaser or its successors and assigns, after Settlement, to make any contribution of money or dedications of land or to construct, install or maintain any improvements of a public or private nature on or off the Premises. f. Other Agreements. The execution and delivery of this Agreement, the completion of the transaction(s) contemplated hereby, and the fulfillment of the terms hereof • will not result in a breach of any of the terms or provisions of, or constitute a default under, or conflict with, any agreement, indenture, or other instrument to which Seller is a party or by which it or the Premises is bound, or any judgment, 2