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b. SELLER represents that SELLER is not a party to any unrecorded
<br />mortgages, contracts, purchase agreements, options, leases, easements or other
<br />agreements or interest relating to the Property;
<br />c. SELLER represents to the best of SELLER's knowledge, that there is no
<br />person claiming any right to possession of all or any portion of the Property;
<br />d. SELLER represents that, to the best of SELLER's actual knowledge, there
<br />is no action, litigation, governmental investigation, condemnation or administrative
<br />proceeding of any kind pending against SELLER or involving any portion of Property,
<br />and no third party has threatened SELLER with commencement of any such action,
<br />litigation, investigation, condemnation or administrative proceeding;
<br />e. SELLER represents that, to the best of SELLER's actual knowledge, there
<br />are no underground or above ground storage tanks of any size or type located on the
<br />Property and there are no Hazardous Substances located on the Property, except as may
<br />be disclosed in the documents as identified on the attached Exhibit A, (the "Permitted
<br />Encumbrances"). The Property is not subject to any liens or claims by government or
<br />regulatory agencies or third parties arising from the release or threatened release of
<br />Hazardous Substances in, on or about the Property except as may be disclosed in the
<br />documents identified on the Permitted Encumbrances Exhibit A+, the Property has not
<br />been used in connection with the generation, disposal, storage, treatment or transportation
<br />of Hazardous Substance. For purposes of this Agreement, the term "Hazardous
<br />Substance" includes but is not limited to substances defined as "hazardous substances,"
<br />"toxic substances" or "hazardous wastes" in the: Comprehensive Environmental
<br />Response Compensation Liability Act of 1980, as amended, 42 U.S.C. §9601, et seq., and
<br />substances defined as "hazardous wastes," "hazardous substances," "pollutants, or
<br />contaminants" as defined in the Minnesota Environmental Response and Liability Act,
<br />Minnesota Statutes, § 115B.02. The term "hazardous substance" also includes asbestos,
<br />polychlorinated biphenyls, petroleum, including crude oil or any fraction thereof,
<br />petroleum products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or
<br />synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas);
<br />f. SELLER represents that, to the best of SELLER's actual knowledge, the
<br />Property has not been used for the production of methamphetamine; and
<br />g. SELLER represents that, to the best of SELLER's actual knowledge, there
<br />are no abandoned individual sewage treatment systems on the Property.
<br />13. REPRESENTATIONS OF BUYER. BUYER represents to SELLER that, as of
<br />the Effective Date:
<br />a. BUYER is a limited liability company, duly organized pursuant to the
<br />laws of the State of Minnesota, and is fully authorized to transact business in the State of
<br />Minnesota;
<br />b. The individual signing this Agreement on behalf of BUYER is fully
<br />authorized and empowered to sign this Agreement on BUYER's behalf. Upon execution
<br />of this Agreement, it will be fully binding upon BUYER.
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