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(d) Hazardous Substances. To the best of Seller's actual knowledge: there are no Hazardous Substances located on the Property; the Property is not subject to any liens or claims by government or regulatory agencies or third parties arising from the release or threatened release of Hazardous Substances in, on or about Property; and the Property has not been used in connection with the generation, disposal, storage, treatment or transportation of Hazardous Substance. For purposes of this Agreement, the term "Hazardous Substance" includes but is not limited to substances defined as "hazardous substances," "toxic substances" or "hazardous wastes" in the Comprehensive Environmental Response Compensation Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq., and substances defined as "hazardous wastes," "hazardous substances," "pollutants, or contaminants" as defined in the Minnesota Environmental Response and Liability Act, Minnesota Statutes, §115B.02. The term "hazardous substance" also includes asbestos, polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof, petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas). (e) Minnesota Required Statutory Disclosures. As required by statute, Seller hereby represents to Buyer that, to the best of Seller's actual knowledge, : (i) There are no wells located on the Property. (ii) There are no underground or above ground storage tanks of any size or type located on the Property. (iii) Sewage is not currently generated at the Property. (iv) There are no abandoned individual sewage treatment systems located on the Property. (v) Methamphetamine production has not occurred on the property.. (f) Non -Foreign Person. Seller is not a foreign person, foreign partnership, foreign trust or foreign estate as those terms are defined in Section 1445 of the Internal Revenue Code. (g) Other Interests. There are no unrecorded mortgages, contracts, purchase agreements, options, leases, easements or other agreements or interests relating to the Property and there are no persons in possession of any portion of the Property, except as may be disclosed by the Title Commitment or the Survey. For purposes of the representations and warranties made in Section 9.1 hereof, the phrase "to Seller's knowledge" or any like phrase used therein, shall mean and refer to matters of which Kurt Ulrich, the Executive Director of Seller is currently, actually aware without inquiry or investigation. 9.2 Buyer's Representations and Warranties. Buyer makes the following representations and warranties to Seller: (a) Buyer is a limited liability company, duly organized pursuant to the laws of the State of Minnesota, and is fully authorized to transact business in the State of Minnesota; (b) The individual signing this Agreement on behalf of Buyer is fully authorized and empowered to sign this Agreement on Buyer's behalf; and 84959-004\1553027_4.doc 9