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<br />therewith and thereafter, the payment of which is not otherwise provided for <br />herein. <br /> <br />SELLER makes no representation concerning the amount of future real. estate taxes or of future <br />special assessments. <br /> <br />9. SELLER'S REPRESENTATIONS AND WARRANTIES. As an essential <br />part of this Agreement and in order to induce BUYER to enter into this Agreement and to <br />purchase the Property, SELLER represents and warrants to and agrees with BUYER that: <br /> <br />a. There are no leases, purchase options, rights of fIrst refusal, or any other <br />agreements which grant any other party any right of use of occupancy in <br />effect with respect to the Property or any portion thereof, except a month <br />to month tenancy of Lawrence Axelson in the home at 6165 Highway 10 <br />NW, Ramsey, MN. <br /> <br />b. SELLER will convey on the date of closing, all of the Property, including <br />all improvements, fixtures, and trade fixtures comprising the same, free <br />and clear of all liens, security interests, leases, restrictions, charges and <br />encumbrances, other than described or attached hereto as Permitted <br />Encumbrances. <br /> <br />c. There are no management, maintenance, supply, utility or service <br />contracts or commitments relating to the Property which will extend <br />beyond the date of closing, which are not cancelable without penalty or <br />premium upon not more than 30 days advance notice. <br /> <br />d. To the best of SELLER'S knowledge: there is no action, litigation, <br />investigation, condemnation or proceeding of any kind pending against <br />SELLER or the Property which could adversely affect the Property, or <br />any portion thereof or title thereto. <br /> <br />e. All services or material which have been furnished to the Property have <br />been fully paid for or will be fully paid for prior to the date of closing so <br />that no lien for services or materials rendered (commonly known as <br />mechanic's or materialmen's liens) can be asserted against the Property. <br />All water, sewer and refuse bins for such services which have been <br />furnished to the Property have been fully paid for or will be fully paid for <br />prior to the date of closing so that no lien therefore can be asserted against <br />the Property. <br /> <br />f SELLER is not in default, nor has there occurred any event which, with <br />the passage of time or notice from a third party, or both, would constitute a <br />default under any underlying fmancing or covenant affecting the Property <br />or any part thereof <br /> <br />3 <br /> <br />-353- <br />