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Buyer does not exercise its right of termination, then (1) any and al proceeds arising out of any such eminent domain or
<br />taking shall be held in trust by Soler for the benefit of Buyer and paid to Buyer at Closing; (I!) the "Property' shall
<br />thereafter be defined to mean the Property less the portion taken by eminent domain or condemnation, and (iii) the
<br />Purchase Price shall not be adjusted.
<br />6. and Wananties of Seller. Seller represents and warrants to Buyer that:
<br />6.1 No Violations. Litigation or Condemnation. AN notices of or violations of law or municipal ordinances, order,
<br />rules noted or issued by any governmental authority having jurisdiction over the Property have been compiled with or
<br />will be compiled with by the Closing bate. There is no actual or to Seller's knowledge, threatened action, litigation, or
<br />proceeding by any organization, person, individual or governmental agency (including governmental actions under
<br />condemnation authority or similar proceedings) affecting the Property. No action in condemnation or eminent domain
<br />proceedings are now pending or, to Seler's knowledge, contemplated against the Property.
<br />6.2 FIR PTA Seller is not "a foreign person" as defined in Section 1445 of the Internal Revenue Code of 1986 and
<br />any treasury regulations promulgated thereunder.
<br />6.3 Marketable Tide. Seller has good and marketable fee simple title interest in the Property subject only to the
<br />exceptions to title disclosed in the Commitment or Survey.
<br />6A Lieps and Encumbrances: No Unpaid Services. The Property wil, as of the Closing Date, be free and dear of
<br />all lens, security interests, al encumbrances, leases, unrecorded agreements, or other restrictions or objections to title
<br />except as permitted by this Agreement. AN services, labor or material which have been furnished to the Property by or
<br />for Soler have been fully paid for or will be fully paid for prior to or on the Closing Date so that no lien for services or
<br />materials rendered can subsequently be asserted against the Property.
<br />6.5 Business Authorization. Seler is duty organized, existing, and qualified to do business under the laws of the
<br />State of Minnesota; Soler has duly and validly authorized and executed this Agreement and has ful power to enter into
<br />and perform this Agreement pursuant to its terms, the person signing this Agreement is authorized by Self to do so;
<br />the execution and delivery of this Agreement, and the consummation of the transaction contemplated hereby, will not
<br />constitute a default under Seller's governing documents, or under any agreements, mortgages, or other instruments to
<br />which Seller is a party, and is not in contravention of law, order, ordinance, or regulation by which Seller is bound or
<br />subject
<br />6.6 DisclOsures. Soler discloses that there 1p ngta well on the Property and Seller will sign and delver a well
<br />disclosure certificate in conformance with Minnesota law to Buyer simultaneously with the execution of this Agreement
<br />To the extent there is a well and the well is not used or is abandoned, Soler will, at its sole cost and expense, seal the
<br />well in conformance with applicable Minnesota law prior to the Closing Date and delver documentation to Buyer
<br />confirming same. Except for any wel disclosed by Seler to Buyer in the well disclosure certificate, there are no other
<br />wells, private septic systems, above ground storage tanks, or underground storage tanks on, under or about the
<br />Property.
<br />6.7 Environmental Matters. Seller has not used the Property for, or engaged in the business of, the generation,
<br />transportation, storing, treating or disposing of any "hazardous materials", "hazardous substances", "pollutant", or
<br />"oontaminant" included within the definition of such terms under any federal, state or local statute, law, or ordinance
<br />(collectively "Hazardous Materials"), including by way of illustration and not by way of Imitation, the Clean Air Act, the
<br />federal Water Pollution Control Act of 1972, the Resource Conservation and Recovery Act of 1976, the Comprehensive
<br />Environmental Response, Compensation and Liability Act of 1980, the Toxic Substances Control Act, or the Minnesota
<br />Environmental Response and Uablity Act (including any amendments or extensions thereof and any rules, regulations,
<br />standards or guidelines issued pursuant to any of said environmental laws) (collectively, "Environmental Laws"). There
<br />are no existing or pending remedial actions or other work, repairs, construction or capital expenditures with respect to
<br />the Property in connection with the Environmental Laws, nor has Seller received any notice of any of the same. Soler
<br />has no knowledge or belof that any other person has used the Properly for the disposal of any Hazardous Materials,
<br />nor has Seller knowingly permitted any person to so use the Properly for the disposal of any Hazardous Materials. The
<br />Property is rat subject to any lens or claims by any governmental regulatory agencies or third parties arising from the
<br />release or threatened release of Hazardous Materials in, on, or about the Property, and Seller is not aware of any
<br />pending or contemplated search or investigation of the Property or any portion thereof with respect to any
<br />environmental matter. To Seller's knowledge, the Property has not been used as landfill and there is no solid waste,
<br />garbage, construction debris, road tailings, asphalt concrete or foundations on, under or about the Property. No notices
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