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(as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, <br />as amended). <br /> <br /> i. SELLER warrants that there is a right of access to the Property <br />from a public right of way. SELLER warrants that there are no present violations <br />of any restrictions relating to the use or improvement of the Property. These <br />warranties shall survive the delivery of the deed or contract for deed. <br /> <br /> j. That there are not now, nor have there ever been underground or <br />above ground storage tanks of any size or type located on the Property nor any <br />Ha?.rdous Substances (defined below) located on the Property in violation of <br />applicable governmental requirements, and the Property has not been used in <br />connection with the generation, disposal, storage, treatment or transportation of <br />Hazardous Substances in violation of applicable goverarnental requirements. For <br />purposes of this Agreement, the term "Hazardous Substances" includes but is not <br />limited to substances defined as "b,?-rdous substances," "toxic substances," <br />"ha?-rdous wastes," "pollutants" or "contaminants" under federal or Minnesota <br />law. The term "Hazardous Substance" shall also include asbestos, polychlorinated <br />biphenyls, petroleum, including crude oil or any fraction thereof, petroleum <br />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 /> <br /> k. BUYER shall have the right to have inspections of the Property <br />conducted prior to Closing. <br /> <br />Property. <br /> <br />There are no 'above or below ground fuel storage tanks on the <br /> <br /> m. SELLER knows of no wells on the Property. SELLER will execute <br />a Minnesota Department of Health Well Disclosure Form. At closing. <br /> <br /> n. SELLER certifies that sewage generated at the Property goes to a <br />facility permitted by the Minnesota Pollution Control Agency and SELLER'S <br />Disclosure of Individual Sewage Treatment System is attached. <br /> <br /> o. SELLER acknowledges that upon successful Closing pursuant to <br />the terms of this Agreement, SELLER will have waived any appeal or claim for <br />real estate tax or assessments paid or payable as respects the Property. <br /> <br /> p. SELLER shall at its cost provide BUYER (within 20 days of the <br />execution of this Purchase Agreement) with an ALTAJASCM survey of the <br />Property by a registered surveyor, certified to BUYER, BUYER's Lender, and <br />BUYER's Title Company, showing the location of the building and all <br />improvements, easements, encroachments, and all utility rights upon the Property. <br /> <br />4 <br /> 121131046v3 820716 4/20/06 <br /> <br /> <br />