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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 Seger 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, Misting to the ownership, use,
<br />maintenance or operation oft the Properly, nor is there, iq Seibr°s knowledge, any basis for any such lawsuit, claim,
<br />proceeding or investigation being instituted or filed. Seger 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 sod or ground wafter 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 fast 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 the
<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 Taxes: Special Assessments. There are no delinquent or deferred taxes against the Properly. 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. ff the
<br />Properly has no lawful direct acc>Ess to a public right of way, then as a condition to Closing, Seller agrees to obtain,
<br />execute and deliver to Buyer, appropriate easements) 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 properly line of the Property over
<br />property adjoining the Property to the public right of way(s).
<br />6.13 Improvements. There are no buildings, structures, fixtures, or other improvements ("improvements') on the
<br />Properly and Seger 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 Riahts. There are no mineral rights or water rights in the Property held by any third party, with the
<br />possible exception of the State of Minnesota. K any third party other than the State of Minnesota has any mineral rights
<br />or water rights in the Properly, then as a condition to Closing, Seiler agrees to obtain a written release or conveyance
<br />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 resub division. If the Properly cannot be conveyed as a separate lot and tax
<br />parcel, then as a condition to C using, Seger shall be responsible at its sob 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 Methamphetsmine. Seller is not aware of any methamphetamine production that has occurred on the
<br />Property.
<br />6.17 Recorded Coverwrift To Seller's knowledge, no default exists under any recorded declarations, covenants,
<br />restrictions or easements affecting or encumbering the Properly 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 shag 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 shag survive Closing for a period of twelve (12) months provided, however, no claim for breach of
<br />-5.
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