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4. REPRESENTATIONS AND WARRANTIES. As an inducement to Buyer to
<br />enter into this Agreement, and as part of the consideration therefore, Seller represents and
<br />warrants to and covenants with Buyer that:
<br />A. Seller has Marketable Fee Simple Interest to the Premises.
<br />B. Each of the persons executing this Agreement on behalf of Seller does hereby
<br />represent and warrant that the execution and delivery of this Agreement by
<br />Seller will not constitute a default under any indenture, agreement, contract,
<br />mortgage or other instrument to which Seller is a party.
<br />C. Seller warrants that there are no underground storage tanks on the Premises.
<br />D. Seller has not used the Premises for storage or disposal of hazardous
<br />substances and Seller has no actual knowledge that any other persons have so
<br />used the Premises.
<br />E. Seller has received no notice of any violation of any zoning, building, health
<br />and safety, fire safety and environmental codes and laws from the City of
<br />Ramsey, or other local authority.
<br />F. Seller has received no notice of a violation of any statutes, ordinances,
<br />regulations, judicial decrees or orders, or the pendancy of any lawsuits,
<br />administrative or arbitration hearings or governmental investigations or
<br />proceedings affecting the Premises.
<br />G. To the Seller's knowledge, there are no environmental proceedings,
<br />applications, petitions, resolutions, or other matters pending before any
<br />governmental agency, which would affect the Premises in any manner.
<br />H. To Seller's knowledge there are no environmental proceedings, applications,
<br />petitions, court pleadings, resolutions, investigations, by public or private
<br />agencies, or other matters pending which could prohibit, impede, delay, or
<br />adversely, affect the use of the Premises.
<br />I. The Premises will, as of the date of closing, be free and clear of all liens,
<br />security interests, encumbrances, leases or other restrictions or objections to
<br />title other than the Permitted Exceptions.
<br />J. The Premises is not within a flood zone.
<br />K. Seller is not a "foreign person", "foreign partnership", "foreign trust", or
<br />"foreign estate" as defined in Section 1445 of the Internal Revenue Code.
<br />L. The sale of the Premises is not subject to any withholding requirements
<br />imposed by the Internal Revenue Code, including, without limitation, Section
<br />1445(F)(3).
<br />M. Municipal water and sewer, gas, electric, and telephone service, lines and
<br />systems (collectively, "Utilities") are or will be available and installed to the
<br />property line of the Premises through public right of ways, public utility
<br />easements or valid private, perpetual, appurtenant, irrevocable easements
<br />assignable to Buyer, on or before closing at Seller's sole expense.
<br />N. There are no management, maintenance or service contracts, leases, licenses,
<br />purchase agreements, purchase options, rights of first refusal, or other
<br />unrecorded agreements affecting the Premises that will survive closing. Seller
<br />agrees not to enter into any new, or modify any existing, written or oral service
<br />contracts, leases, licenses or other recorded or unrecorded agreements affecting
<br />the Premises hereafter without Buyer's prior written consent which may be
<br />withheld in Buyer's reasonable discretion.
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