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Minnesota; Seller has the requisite power and authority to enter into, perform and <br /> execute this Agreement and the Seller's Closing Documents; such documents have <br /> been or will be duly authorized by all necessary action on the part of Seller and have <br /> been duly executed and delivered;such execution, delivery and performance by Seller <br /> of such documents does not conflict with or result in a violation of Seller's Articles of <br /> Organization, Member Control Agreement, Operating Statement and other governing <br /> documents,or any judgment, order, or decree of any court or arbiter to which Seller is <br /> a party. <br /> B. Title to Real Property. Except at otherwise shown in the Title Commitment, Seller is <br /> the fee simple owner of the Property. <br /> C. Leases. There are no leases affecting the Property. <br /> D. Unrecorded Documents. To the best of Seller's knowledge there are no unrecorded <br /> leases, contracts, easements, agreements or other documents affecting the condition <br /> of title to the Property. <br /> E. Hazardous Substances. To the best of Seller's knowledge, except as disclosed to or <br /> discovered by Buyer prior to the Contingency Date, there are no Hazardous <br /> Substances (as defined in Minn. Stat. § 115B.02), asbestos, urea formaldehyde, <br /> polychlorinated biphenyls, radon gas or petroleum products (including gasoline, fuel <br /> oil, crude oil and various constituents or such products) which exist on, have been <br /> placed or stored on, or have been released from, the Property by any person in <br /> violation of any law. <br /> F. Mechanic's Lien. To the best of Seller's knowledge there are no unpaid charges, <br /> debts, liabilities, claims or obligations arising from the construction, occupancy, <br /> ownership, use or operation of the Property which could give rise to any mechanic's <br /> or materialmen's or other statutory liens against any of the Property, or for which <br /> Buyer will be responsible. <br /> G. Wells. Seller does not know of any "Wells" on the described Property within the <br /> meaning of Minn. Stat. § 1031, except as have been previously disclosed to the Buyer <br /> pursuant to a Well Disclosure Statement. <br /> H. Storage Tanks. To the best of Seller's knowledge, except as disclosed to or <br /> discovered by Buyer prior to the Contingency Date, there are no "above ground <br /> storage tanks" or "underground tanks" (within the meaning of Minn. Stat. §116.46) <br /> located in or on the Property, or have been located, in or on the Property and have <br /> subsequently been removed or filled. <br /> I. Individual Sewage Treatment Systems. There is no existing or abandoned"individual <br /> sewage treatment system" (within the meaning of Minn. Stat. § 115.55)on or serving <br /> the Property, except as have been previously disclosed to the Buyer pursuant to a <br /> Septic System Disclosure Statement. <br /> 5 <br />