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11.5 No Default Notice. Seller has not received notice of a default or breach of any <br />agreement to which Seller is a patty, and is not aware of any facts that would result <br />in Seller being in default or breach of any agreement to which it is a party. <br />11.6 Reports. The Reports delivered or to be delivered to Buyer hereunder are correct <br />and complete and, to Seller's actual knowledge, do not contain any false <br />information. <br />11.7 Operations. Seller has received no notice of actual or threatened cancellation or <br />suspension of any utility services at or on the Property, nor has Seller received any <br />notice of any violation of any Regulations. Except as disclosed in the Title <br />Commitment, Seller has received no notice of actual or threatened special <br />assessments or reassessments, condemnation, or eminent domain proceedings with <br />respect to the Property. <br />11.8 Environmental Laws. To Seller's actual knowledge, no Hazardous Substances have <br />been generated, treated, stored, transferred from, released or disposed of, or <br />otherwise placed, deposited in or located on the Property, nor has any activity been <br />undertaken on the Property that would cause or contribute to the Property becoming <br />a treatment, storage or disposal facility within the meaning of, or otherwise bring <br />the Property within the ambit of, any Regulations relating to the protection of the <br />environment. To Seller's actual knowledge, there are no Hazardous Substances in <br />or on the Property that may support a claim or cause of action under any <br />Regulations relating to the protection of the environment. To Seller's actual <br />knowledge, the Property is not now, and never has been, listed on any list of sites <br />contaminated with Hazardous Substances, nor used as landfill, dump, disposal or <br />storage site for Hazardous Substances. <br />11.9 FIRPTA. Seller is not a "foreign person," "foreign partnership," "foreign trust," or <br />"foreign estate," as those terms are defined in Code Section 1445 and the <br />regulations promulgated thereunder. <br />11.10 No Proceedings. No legal or administrative proceeding is pending or, to Seller's <br />actual knowledge, threatened (i) against Seller or any of its affiliates which would <br />adversely affect its right to convey the Property to Buyer as contemplated in this <br />Agreement, or (ii) affecting the Property. There are no condemnation or eminent <br />domain proceedings pending or, to Seller's knowledge, threatened with respect to <br />the Property. <br />11.11 Additional Interests. There are no property interests or other improvements that are <br />owned by Seller and which are necessary or useful for the use and operation of the <br />Property that are not being conveyed pursuant to this Agreement. <br />11.12 Private Sewage Systems: Wells. There are no private sewage systems or wells <br />located on the Property. <br />11.13 Use of Property. To the best of Seller's knowledge, no methamphetamine <br />production has occurred on the Property. <br />US.106153450.02 <br />