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<br /> . i?'lj~ <br /> -3- <br /> 4.02. At closing, Seller will deliver to Purchaser an executed and acknowledged <br /> general warranty deed conveying good and marketable title in fee simple to the real <br /> property, free of liens, encumbrances, conditions, easements, leases, assessments, and <br /> restrictions, except those acceptable to Purchaser. Purchaser agrees to accept the real <br /> property in its present condition. <br /> 4.03. At closing, Seller will deliver to Purchaser a Texas Owner's Title Policy issued <br /> through Hays County Abstract Company, in Purchaser's favor, in the amount of the <br /> purchase price, dated as of closing, insuring Purchaser's title to the real property subject <br /> only to those title exceptions previously accepted by Purchaser and specifically listed in the <br /> policy. <br /> ~ <br /> 4.04 Seller will pay the cost of the title insurance policy and the general warranty <br /> deed. Seller will also pay any fee due to any real estate broker with whom Seller has <br /> contracted. <br /> 4.05. Seller will pay all general real estate taxes and all special taxes or <br /> assessments and all insurance relating to the property up to and including the date of <br /> closing. Each party will pay its own attorney's fees. <br /> 5. Breach of Contract <br /> 5.01. In the event either party fails to perform its obligations under this çontract or <br /> fails to consummate the sale of the property for any reason, except the other party's <br /> default, the other party may: <br /> (a) enforce specific performance of this agreement; or <br /> (b) bring suit for damages against the other party. <br />