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of any violation of any of the matters referred to in the foregoing sections relating to the Property or its use have been
<br /> received by Seller and there are no writs, injunctions, decrees, orders or judgments outstanding, no lawsuits, claims,
<br /> proceedings or, to Seller's knowledge, investigations pending or threatened, relating to the ownership, use,
<br /> maintenance or operation of the Property, nor is there, to Seller's knowledge, any basis for any such lawsuit, claim,
<br /> proceeding or investigation being instituted or filed. Seller has provided to Buyer any and all previous, current and/or
<br /> pending information regarding any court or regulatory actions, environmental audit(s), and other information; concerning
<br /> Hazardous Materials, or soil or ground water contamination on or around the Property, to the extent any such materials
<br /> are in Seller's possession,
<br /> 6.8 Tenants: Unrecorded Instruments. There are no tenants or licensees in possession: of any portion of the
<br /> Property. There are no leases, licenses, purchase agreements, purchase options, rights of first offer, rights of first
<br /> refusal, or other unrecorded agreements in existence which affect the Property.
<br /> 6.9 Flood Plain. No portion of the Property lies within a flood plain area.
<br /> 6.10 Burial Remains, There are no cemeteries, burial grounds, or any other cultural remains located upon I'he
<br /> Property which have been identified and/or authenticated, or to Seller's knowledge, could be identified and/or
<br /> authenticated, in accordance with the provisions of any applicable state law.
<br /> 6.11 TaxpaLapecial Assessments. There are no delinquent or deferred taxes against the Property. There are no
<br /> "Green Acres" taxes against the Property. No ordinance or hearing is now before any local governmental body which
<br /> either contemplates or authorizes any public improvements or special tax levies, the cost of which may be assessed
<br /> against the Property. Seller has not appealed any taxes or assessments payable against the Property and has made no
<br /> commitments or agreements with any taxing authorities pertaining to the payment of taxes and assessments against
<br /> the Property or the assessed value of the Property,
<br /> 6.12 Access. The Property abuts or has lawful direct access to a public right of way, or has driveway access to a
<br /> public right of way by private, perpetual, appurtenant, irrevocable easement assignable to Buyer at Closing. If the
<br /> Property has no lawful direct access to a public right of way, then as a condition to Closing, Seller agrees to obtain,
<br /> execute and deliver to Buyer, appropriate easement(s) in form satisfactory to Buyer for the benefit of the Property
<br /> Buyer to cover any driveways and right of ways specified in Buyer's site plan from the property line of the Property over
<br /> property adjoining the Property to the public right of way(s).
<br /> 6.13 kM[pY"errIiEl
<br /> ' lts. There are no buildings, structures, fixtures, or other improvements ("Improvements"') on the
<br /> Property and Seller shall not erect any Improvements on the Property after the Effective Date without Buyer's prior
<br /> written consent which may be withheld in Buyer's sole discretion.
<br /> 6.14 Mineral Rights. There are no mineral rights or water rights in the Property held by any third party. If any third
<br /> party has any mineral rights or water rights in the Property, then as a condition to Closing, Seller agrees to obtain a
<br /> written release or conveyance,from the holder of any such mineral rights or water rights,
<br /> 6.15 Separate "Tax Parcel. The Property is a separate tax parcel and may be conveyed without the necessity of the
<br /> filing of a plat or replat or subdivision or resubdivision. If the Property cannot be conveyed as a separate lot and tax
<br /> parcel, then as a condition to Closing, Seller shall be responsible at its sole expense for obtaining all governmental
<br /> approvals as are necessary so that the Property may be conveyed: to Buyer as a separate lot and tax parcel, in
<br /> conformance with all applicable laws, rules, regulations, ordinances or orders of any governmental authority having
<br /> jurisdiction over the Property relative to the platting or subdivision of land.
<br /> 6.16 Methamphetamine. Seller is not aware of any methamphetamine production that has occurred on the
<br /> Property.
<br /> 6.17 Recorded Covenants. To Seller's knowledge, no default exists under any recorded declarations, covenants,
<br /> restrictions or easements affecting or encumbering the Property on the part of Seller or the other party thereto and
<br /> Seller has performed all of its obligations under Such recorded declarations, covenants, restrictions or easements.
<br /> The representations and warranties set forth in this Section 6 shall be continuing and shall be true and correct
<br /> on and as of the Closing Date with the same force and effect as if made at that time, and all such representations or
<br /> warranties shall survive Closing for a period of twelve (12) months provided, however, no claim for breach of
<br /> representation is actionable or payable unless'. (a) the breach in question results from, or is based on a condition,
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