|
<br />. property not included within the Real Property, or upon the area of
<br />any easement affecting the Real Property, except those of record.
<br />
<br />7.3 Real Property Taxes, Seller does not have knowledge of any
<br />pending or contemplated reassessment of the Real Property. Seller
<br />has paid all real estate faxes, if any, on the Real Property due and
<br />payable through 2004.
<br />
<br />.
<br />
<br />7.4 Hazardous Substances. Seller does not currently use the Real
<br />Property for disposal or storage of any Hazardous Substance and,
<br />except as indicated on Exhibit D attached hereto, Seller has no
<br />knowledge of any noxious, toxic, hazardous. unsafe or
<br />environmentally unsound materials, substances, wastes or
<br />Hazardous Substances (as hereinafter defined) in, at, under or on
<br />the Real Property whether there by intent, spill, release, discharge,
<br />disposal, storage or any other means. Seller has not received any
<br />notice from any government agency, board, commission, authority
<br />or any other entity, and is not a party to any legal or administrative
<br />action or proceeding, concerning or relating in any way to the spill.
<br />release. discharge, transportation, disposal, storage or presence of
<br />hazardous or regulated substances or wastes in, at, under, on, or
<br />concerning the Real Property, including any pending, or
<br />contemplated search or investigation of the Real Property or any
<br />portion thereof with respect thereto. Except as identified on Exhibit
<br />D, Seller has no knowledge of any activity on the Real Property
<br />which would subject any owner or operator thereof to damages,
<br />penalties, injunctive relief or costs or remediation or cleanup under
<br />any federal, state or local law. For the purposes of this Agreement,
<br />the term "Hazardous Substance means that and/or similar terms as
<br />defined in Section 104(14) of the Comprehensive Environmental
<br />Response, Compensation a Liability Act of 1980, and as amended,
<br />42 U.S.C. Sec. 9601 et seq. (14), and Section 2(8) of the Minnesota
<br />Environmental Response and Liability Act, and as amended,
<br />Minnesota Statutes Sec. 1 15B.02(8), and includes the term
<br />"regulated substance" as defined in Section 9001 (2) of the
<br />underground Storage Tank Act, and as amended, 42 U.S.c. Sec.
<br />6991 (2) and the term "hazardous waste" as defined in Section
<br />1004(5) of the Resource Conservation and Recovery Act, and as
<br />amended, 42 U.S.c. Sec. 6903(5), and includes all regulations issued
<br />pursuant to any of the above statutes, and any unsafe, noxious,
<br />toxic or hazardous substance or similar terms under any other state,
<br />federal or local law, and any other applicable environmental, land
<br />
<br />.
<br />
<br />3
<br />
|