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Board or by the County Administrator pursuant to his delegated authority <br />2.2 Culvert. As a result of the road improvements, the existing culvert located at the <br />southernmost driveway will have to be removed. The County or its contractor will put in a <br />replacement culvert approximately 30 feet in length. <br />3. Title. Seller shall convey marketable title to the Property by warranty deed free of <br />claims, liens, easements and encumbrances of record or known to Seller; but subject to <br />property taxes for the year of Closing and covenants, restrictions and public utility <br />easements of record provided (a) there exists at Closing no violation of any of the <br />foregoing; and (b) none of the foregoing prevents County's intended use and development <br />of the Property ("Permitted Exceptions"). <br />3.1 County may order an Ownership and Encumbrance Report or Title Insurance <br />Commitment with respect to the Property. County shall within thirty (30) days following the <br />Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall <br />be deemed acceptable to County if (a) County fails to deliver notice of defects within the <br />time specified, or (b) County delivers notice and Seller cures the defects within thirty (30) <br />days from receipt of notice from County of title defects ("Curative Period"). Setter shall use <br />best efforts to cure the defects within the Curative Period and if the title defects are not <br />cured within the Curative Period, County shall have thirty (30) days from the end of the <br />Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, <br />whereupon this agreement shall be of no further force and effect, or (ii) extend the Curative <br />Period for up to an additional 90 days; or (iii) accept title subject to existing defects and <br />proceed to closing. <br />4. Representations of the Seller <br />4.1 Seller is indefeasibly seized of marketable, fee simple title to the Property, and is the <br />sole owner of and has good right, title, and authority to convey and transfer the Property <br />which is the subject matter of this Agreement, free and clear of all liens and <br />encumbrances. <br />4.2 From and after the Effective Date of this Agreement, Seller shall take no action <br />which would impair or otherwise affect title to any portion of the Property, and shall record <br />no documents in the Public Records which would affect title to the Property, without the <br />prior written consent of the County. <br />4.3.1 Seller represents that there are no existing or pending special assessments <br />affecting the Property, which are or may be assessed by any governmental authority, water <br />or sewer authority, school district, drainage district or any other special taxing district. <br />5. Default. <br />5.1 In the event the County shall fail to perform any of its obligations hereunder, the <br />Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice <br />delivered to the County at or prior to the Closing Date and thereupon neither the Seller nor <br />any other person or party shall have any claim for specific performance, damages, or <br />otherwise against the County; or (ii) waive the County's default and pr _Ming. <br />2 r <br />