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2650680v4 <br />09/13/10 <br />ix To the best of Seller's actual knowledge, the Property has not been <br />classified under any designation under applicable law to obtain a <br />special low ad valorem tax rate or receive either any abatement or <br />deferment of ad valorem taxes. <br />x Seller has received no notice of and has no actual knowledge of <br />any pending or proposed special assessments affecting the <br />Property. <br />xii Seller has received no notice of and has no actual knowledge of <br />any pending or threatened action that would impair access to and <br />from the Property from the adjacent public streets depicted on the <br />Draft Preliminary Plat. <br />xiii To the best of Seller's actual knowledge: there are no Hazardous <br />Substances located on the Property, except as may be disclosed in <br />the Phase I Environmental Site Assessment for Ramsey Town <br />Center, Highway 10 and Ramsey Boulevard, NW, Ramsey, <br />Minnesota dated April 27, 2007 (Delta Project No. 5A0703 -198), <br />prepared by Delta Environmental Consultants, Inc. for Minnwest <br />Bank Central, a copy of which Seller has provided to Buyer (the <br />"Environmental Report"); the Property is not subject to any liens or <br />claims by government or regulatory agencies or third parties <br />arising from the release or threatened release of Hazardous <br />Substances in, on or about Property; and, except as may be <br />disclosed in the Environmental Report, the Property has not been <br />used in connection with the generation, disposal, storage, treatment <br />or transportation of Hazardous Substance. For purposes of this <br />Agreement, the term "Hazardous Substance" includes but is not <br />limited to substances defined as "hazardous substances," "toxic <br />substances" or "hazardous wastes" in the Comprehensive <br />Environmental Response Compensation Liability Act of 1980, as <br />amended, 42 U.S.C. §9601, et seq., and substances defined as <br />"hazardous wastes," "hazardous substances," "pollutants, or <br />contaminants" as defined in the Minnesota Environmental <br />Response and Liability Act, Minnesota Statutes, §115B.02. The <br />term "hazardous substance" also includes asbestos, polychlorinated <br />biphenyls, petroleum, including crude oil or any fraction thereof, <br />petroleum products, heating oil, natural gas, natural gas liquids, <br />liquefied natural gas, or synthetic gas useable for fuel (or mixtures <br />of natural gas and synthetic gas). <br />b. Minnesota Required Statutory Disclosures. As required by statute, Seller <br />hereby represents to Buyer that, to the best of Seller's actual knowledge: <br />Wells. <br />-8- <br />