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<br />(d) There are no unrecorded mortgages, contracts, purchase agreements, <br />options, leases, easements or other agreements or interest relating to the <br />Property and there are no persons in possession of any portion of the <br />Property except as may be disclosed by the Title Evidence; <br /> <br />(e) To Seller's actual knowledge, there are no encroachments or boundary <br />line questions affecting the Property, except as may be disclosed by the <br />Title Evidence; <br /> <br />(t) To Seller's actual knowledge, the Property is not in violation of any <br />statute, law, ordinance or regulation, and there is no action, litigation, <br />governmental investigation, condemnation or administrative proc.eerling of <br />any kind pending or, to Seller's best knowledge, threatened, against or <br />involving any portion of the Property; <br /> <br />(g) Seller is not in default in the performance of any of Seller's obligations <br />under any purchase agreement, easement agreement, covenant, condition, <br />restriction or other instrument relating to the Property; <br /> <br />(h) To Seller's knowledge, either (a) there are no wells on the Property, or (b) <br />all wells located on the Property have been capped as required by <br />Minnesota law, a completed Minnesota Well Disclosure Statement has <br />been delivered to Buyer by Seller, and no such wells are COJltaminated, or <br />are constructed or maintained in such a manner that their continued use or <br />existence endangers ground water quality or is a safety or health hazard; <br />and <br /> <br />(i) To Seller's knowledge, there are no underground or above ground storage <br />tanks of any size or type located on the Property nor any Hazardous <br />Substances (defined below) located on the Property in violation of <br />applicable governmental requirements, and the Property has not been used <br />in connection with the generation, disposal, storage, treatment or <br />transportation of Hazardous Substances in violation of applicable <br />governmental requirements. For purposes of this Agreement, the term <br />~'Hazardous Substances" includes but is not limited to substances defined <br />as "hazardous substances," "toxic substances," "hazardous wastes," <br />"pollutants" or "contaminants" under federal or Minnesota law. The term <br />"hazardous substance" shall also include asbestos, polychlorinated <br />biphenyls, petroleum, including erode oil or any fi:action thereof; <br />petroleum products, heating oil, natural gas, natural gas liquids, liquefied <br />natural gas, or synthetic gas useable for fuel (or mixtures of natural gas <br />and synthetic gas). <br /> <br />10 <br /> <br />5 <br /> <br />----------- --- --- ---------- ----- <br />