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<br />(f) There are no applications, ordinances, petitions, resolutions, or other
<br />matters pending before any governmental agency which would affect in any manner the
<br />Property; and '
<br />
<br />(g) No condemnation proceedings are pending or threatened against the
<br />Property and there are no applications, ordinances, petitions, resolutions, or other matters
<br />pending before any governmental agency in regard to access routes, curb cuts, median strips,
<br />or other contemplated actions of public agencies which in the exercise of either Purchaser's
<br />or Owner's reasonable judgment might tend to diminish or curtail the full flow of traffic by
<br />the Property and access thereto; and
<br />
<br />(h) To the best of Owner's knowledge, no toxic or hazardous substances
<br />or wastes, pollutants, or contaminants (including, without limitation, asbestos, urea
<br />formaldehyde, the group of organic compounds known as polychlorinated biphenyls,
<br />petroleum products including gasoline, fuel oil, crude oil, and various constituents of such
<br />products, and any hazardous substance as defined in the Comprehensive Environmental
<br />Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 D.S.e. g 9601-9657,
<br />as amended) have been generated, treated, stored, released, or disposed of, or otherwise
<br />placed, deposited in, or located on the Property, nor has any activity been undertaken on
<br />the Property t.hat would cause or contribute to (a) the Property to become a treatment,
<br />storage, or disposal facility within the meaning of, or otherwise bring the Property within
<br />the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 D.S.e.
<br />g6901, et seq., or any similar state law or local ordinance, (b) a release or threatened
<br />release of toxic or hazardous wastes or substances, pollutants, or contaminants, from the
<br />Property within the meaning of, or otherwise bring the Property within the ambit of,
<br />CERCLA, or any similar state law or local ordinance, or (c) the discharge or pollutants or
<br />effluents into any water source or system, the dredging or filling of any waters, or the
<br />discharge into the air of any emissions that would require a permit under the Federal Water
<br />Pollutions Control Act, 33 D.S.e. g1251, et seq., or the Clean Air Act, 42 D.S.e. g7401, et
<br />seq., or any similar state law or local ordinance.
<br />
<br />. (i) To the best of Owner's knowledge, there are no substances or
<br />conditions in or on the Property that may support a claim or cause of action under RCRA,
<br />CERCLA, or any other federal, state, or local environmental statutes, regulations,
<br />ordinances, or other environmental regulatory requirements including, without limitation,
<br />the Minnesota Environmental Response and Liability Act, Minn. Stat. Ch. 115B
<br />("MERLA"), and the Minnesota Petroleum Tank Release Cleanup Act, Minn. Stat. Ch.
<br />115e. No above ground or underground tanks are located in or about the Property or have
<br />been located under, in, or about the Property and have subsequently been removed or filled.
<br />To the extent storage tanks exist on or under the Property, such storage tanks have been
<br />duly registered with all appropriate regulatory and governmental bodies and otherwise are
<br />in compliance with applicable federal, state and local statutes, regulations, ordinances, and
<br />other regulatory requirements. There is a well on the Property. Owner shall defend,
<br />
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