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means any pollutant, contaminant, hazardous substance or waste, solid <br />waste, petroleum product, distillate, or fraction, radioactive material, <br />chemical known to cause cancer or reproductive toxicity, polychlorinated <br />biphenyl or any other chemical, substance or material listed or identified in <br />or regulated by any Environmental Law. <br />b. Donor has no actual knowledge, without any due diligence or investigation <br />that, conditions on the Property constitute a violation of Environmental <br />Law, which means the Comprehensive Environmental Response, <br />Compensation and Liability Act ("CERCLA"), 42 U.S.C. § 9601 et seq., <br />the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., the <br />Federal Water Pollution Control Act (the Clean Water Act), 33 U.S.C. § <br />1251 et seq. the Clean Air Act, 42 U.S.C. § 7401 et seq., and the Toxic <br />Substances Control Act, 15 U.S.C. § 2601 et seq., all as amended from time <br />to time, and any other federal, state, local or other governmental statute, <br />regulation, rule, law or ordinance dealing with the protection of human <br />health, safety, natural resources or the environment now existing or <br />hereafter enacted. <br />c. There were no labor or materials furnished to the Property by or on behalf <br />of Donor for which payment has not been made. <br />d. There are no unrecorded contracts, leases, easements or other agreements or <br />interests relating to the Property. <br />e. There are no persons in possession of the Property. <br />f. There are no liens against the Property. <br />g• <br />There were no bankruptcy or dissolution proceedings involving Donor <br />during the time period in which Donor had any interest in the Property. <br />8. Notices. Notices permitted or required by this Agreement must be in writing and <br />shall be deemed given when delivered in legible form to the party to whom <br />addressed. Notices may be sent by certified mail, overnight mail delivery (such as <br />UPS or FedEx) or e-mail. Notices are effective two business days after they are <br />mailed via certified mail, return receipt requested or, if delivered in any other <br />manner, when the party to whom the notice is directed actually receives the notice. <br />If delivered at the Closing, a notice shall be deemed given when hand -delivered to <br />the party's representative at the Closing. The business addresses of the parties are <br />as follows: <br />Donor: Scott D. Fritz <br />First Bank Elk River <br />812 Main Street <br />Elk River, MN 55330 <br />sfritz@elkriver.bank <br />3 <br />