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8.2
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<br />8.3
<br />
<br />8.4
<br />
<br />8.5
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<br />the State of Minnesota; Se!let has the requisite power and authority to enter into
<br />and perform this!Agreement and those Seller's Closing Documents signed by it;
<br />such documents ~aveibeen: dulylauthorized by all necessary action on the part of
<br />Seller and have been duly ~Xecuted and delivered; such execution, delivery and
<br />performance by Sellei' of suchdocuments does not conflict with or result in a
<br />violation of SellOr's Articles!of Organization or Member Control Agreement, or
<br />any judgment, order, or de~ree 0f any court or arbiter to which Seller is a party;
<br />such documents Ore valid'~and binding obligations of Seller, and are enforceable in
<br />accordance with their termS.: ~
<br />
<br />Environmental Laws. To Seller's knowledge, no toxic or hazardous substances or
<br />wastes, pollutant~ or contaminants (including, without limitation, asbestos, urea
<br />formaldehyde, the grouP of~ Organic compounds known as polychlorinated
<br />biphenYls, petrol~ttm prodUcts including gasoline, fuel oil, crude oil and various
<br />constituents of such products, and any hazardous substance as defined in any
<br />Environmental LaW (collec~tivelY, "Hazardous Substances") have been generated,
<br />treated, stored, transferred from, released or disposed of, or otherwise placed,
<br />deposited in or located on the, Property in violation of any Environmental Law,
<br />nor has any actiVity been undertaken on the Property that would cause or
<br />contribute to the Property becoming a treatment, storage or disposal facility
<br />within the meaning of any EnvirOnmental Law. The term "Envirm~rnental Law"
<br />shall mean any and all.federal, state and local laws, statutes, codes, ordinances,
<br />regulations, rules,i PoliCies, Consent decrees, judicial orders, administrative orders
<br />or otherrequirements relati,ng:to the environment or to human health or safety
<br />associated with the environment;all as amended or modified fi'om time to time.
<br />To Seller's knowledge, there has been no discharge, release or threatened release
<br />of Hazardous SubStances from:the Property, and there are no Hazardous
<br />SubstanCes or corrditions in ;or on the Property that may support a claim or cause
<br />of action under an.Y~ Enviromnental Law. The Property is not now, and to the best
<br />of Seller's knowledge neve~ has been, listed on any list of sites contaminated with
<br />Hazardous Substances, nor ttsed as landfill, dump, disposal or storage site for
<br />Hazardous Substances. :
<br />
<br />FIRPTA, Seller is` not ia "foreign:person", "foreign partnership", "foreign trust"
<br />or "foreign estate", as those terms'are defined in Section 1445 of the Internal
<br />Revenue Code.
<br />
<br />Proceedings. There is no action, litigation, investigation, condemnation or
<br />proceeding of any kind pending or to seller' s knowledge threatened against Seller
<br />or any portion of the propertY.
<br />
<br />Wells. Seller certifies and warrants that Seller does not know of any "wells" on
<br />the described ProPerty within the meaning of Minn. Stat. §103I. This
<br />representation is intended to!satisfy the requirements of that statute.
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