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B, the Property does not contain and has not at any time in the past contained either <br /> asbestos, asbestos-containing materials, PCBs or other toxic materials, whether used in <br /> construction or stored on the Property. As of the date of this Agreement, the Seller has <br /> received no summons, citation, directive, letter or other communication, written or oral, <br /> from any agency or department of the City of Centerville, Anoka County, the State of <br /> Minnesota, or any other local or state governmental agency or the U.S. government <br /> concerning any intentional or unintentional action or omission which resulted in the <br /> releasing, spilling, leaking, pumping, pouring, emitting, emptying or dumping of toxic <br /> material, hazardous substances or hazardous waste on the Property. As of the date of this <br /> Agreement, the Property is not subject to any investigation, administrative order, consent <br /> order or agreement, litigation or settlement with respect to any toxic material, hazardous <br /> substance or hazardous waste. <br /> h. Storage Tanks. To the best of Seller's knowledge there are no underground <br /> and/or above ground storage tanks (whether or not currently in use) in or under the <br /> Property. <br /> i. Wells. There are currently no wells or individual sewage treatment systems <br /> located on the Property. <br /> j. Methamphetamine. To the best of Seller's knowledge, no methamphetamine <br /> production has occurred on the Property. <br /> k. Licenses and Permits. Seller has no knowledge that any licenses, permits, <br /> variances, approvals, authorizations, easements, and rights of way (collectively, the <br /> "Authorizations")are insufficient for Buyer's intended use and operation of the Property. <br /> All Authorizations are in full force and effect. <br /> 1. PropgM Rights. Seller has not entered into any contract of sale, or granted any <br /> options or rights of first refusal to acquire any interest in the Property. Seller has not <br /> sold, transferred, conveyed or entered into any agreement regarding "air rights," "excess <br /> floor area ratio," utility service rights, parking covenant or other development rights or <br /> restrictions relating to the Property. <br /> In. Separate Tax Parcel. The tract of land constituting the Property comprises one <br /> tax parcel and may be sold or conveyed without the need for subdivision, platting or lot- <br /> splitting. <br /> n. Unpaid Labor and Materials. Seller represents and warrants that Seller is not <br /> indebted for labor or material that might give rise to the filing of notice of mechanic's <br /> lien against the Property. <br /> o. Zoning. The present zoning of the Property permits the Buyer's intended use. <br /> Each of the foregoing representations shall be deemed remade as of the Closing Date(with such <br /> changes thereto as Seller shall notify Buyer as of the closing)and,as so remade, shall survive the <br /> 6 <br /> 65 <br />