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<br />(b) TItle to Real ProDertv. Seller owns the Real Property, free and clear of all <br />encumbrances. <br /> <br />(c) Title to Personal Propertv. Seller 0'.\'115 the Personal Property, fi:ee and clear of all <br />encumbrances <br /> <br />(d) Contracts. Seller has made available to Buyer a correct and complete copy of <br />each Contract and its amendments. The Contracts are in full force and neither <br />Seller, nor any other party to the Contracts, is in default under the Contracts. All <br />other contracts in effect regarding the Property are temrlnable on or before the <br />Closing Date. <br /> <br />(e) Pemlits. Seller has made available to Buyer a correct and complete copy of each <br />Pennit and its amendments. The Pennits are in full force, and SeUer is not in <br />default under the Pennits. No other permits are required from any governmental <br />entity in order to operate the Property as it is now operated. <br /> <br />(t) Utilities. Seller has rec.eived no notice of actual or threatened reduction or <br />curtailment of any utility service now supplied to the Real Property. <br /> <br />(g) Certificates of Occupancy. Seller has received no notice of actual or threatened <br />cancellation or suspension of an)' certificates of occupancy for any portion of the <br />Real Property. <br /> <br />(h) Assessments. Seller has received no notice of actual or threatened special <br />assessments or reassessments of the Real Property. <br /> <br />0) Enviro!L1'l1ental Laws. Seller acknowledges that releases of contaminants may have <br />OCCUlTed on portions of the Property, resulting, or possibly resulting, from the past <br />storage and distribution of petroleum products and other hazardous substances on <br />the Property by Seller, Seller's predec~ssors in interest or by affiliates of Seller. <br />Seller is presently working ""ith the l\'!innesota Pollution Control Agency ("lvlPCA") <br />to investigate and remediate such releases. Buyer is in receipt of the Phase I <br />Environmental Site Assessment prepared by Braun Intenec dated January 24,2000 <br />(''Phase I"). Ac~ording to said Phase I, a Limited Site Investigation is being <br />c~)nducted "through the MPCA Tank. and Spills Program. Seller agrees to cooperate <br />",ith the MPCA and any other applicable govem...?JJ.e1ltal agencies during such <br />investiga.tion and shall comply with and to pay the entire actual cost for <br />implementation of any remedial action plan. Selle: shall be solely responsible to the <br />MPCA for all compliance with directives, orders, or requirements of the !\1PCA <br />pursuant to the Tank and Spills program and any other program deemed necessary <br />by the MPCA (Jf other applicable governmental agency, and for any reporting to the <br />MPCA or other applicable governmental agency under state, federal or local law. <br />Seller agrees to fully indemnify Buyer in a fOIm satisfactory to Buyer, as described <br />in Section 3 lb) above for any and all claims. demands, causes of action, loss, <br /> <br />9 <br />