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I <br /> i <br /> I <br /> by SellertoBuyer,there is and has been no Release or threatened Release of any Hazardous Substances on,in,at,under <br /> or from the Property or fiom any real property impacting the Property and,to the best of Seller's knowledge,there are <br /> no asbestos-containing materials or PCBs located on the Property and no such materials have been removed or <br /> abated. To the best of Seller's knowledge,there are no past or present events, conditions, circumstances, activities, <br /> practices,incidents, actions or plans of Seller,either collectively,individually or severally,which reasonably would <br /> be expected to prevent continued compliance with any Environmental Laws,or which reasonably would be expected <br /> to give rise to any Environmental Matter or would reasonably be expected to require a material expenditure by Buyer <br /> with respect to compliance with any Environmental Law or any Environmental Matter. There are no liens or <br /> assessments relating to any Environmental Matter against Seller, Seller's business, or the Property. Seller has <br /> disclosed and Buyer and is aware that one of the tenants in the Property is operating a convenience store <br /> which sells gasoline products. Except as disclosed in writing by Seller to Buyer, Seller has received no <br /> Environmental Notices in violation of Environmental Laws in connection with the operation of said <br /> convenience store/gas station by tenant on the Property. <br /> 10.13 Records. Seller has made available to Buyer copies of all Records which are in the possession of <br /> Seller. <br /> 10.14 No Rights to Purchase. Seller is the sole owner of the Property and,no person, other than Buyer, <br /> pursuant to this Agreement, has any right, agreement, commitment, option, right of first refusal or any other <br /> agreement,whether oral or written,with respect to the purchase, assignment or transfer of all or any portion of the <br /> Property(other than the rights of Tenants to lease portions of the Property, as Tenants only,pursuant to the Leases). <br /> To the best knowledge of Seller,no party other than Seller and Tenants has or claims any unrecorded or undisclosed <br /> legal or equitable interest in the Property, <br /> 10.15 Seller's Defaults. To the best knowledge of Seller, Seller is not in default concerning any of its <br /> obligations or liabilities regarding the Property. <br /> 10.16 Qperating Statements.The operating statements for the Property for the period from J a n u a r y 1, <br /> 2 0 15, to date, that have been provided by Seller to Buyer are correct and complete and have been prepared in <br /> accordance with generally accepted accounting principles. <br /> 10.17 Non-Foreign Status. Seller is not a"foreign person,""foreign partnership,""foreign trust"or"foreign <br /> estate" as those terms are defined in Section 1445 of the Internal Revenue Code of 1986, as amended, and the <br /> regulations promulgated thereto. <br /> 10.18 Use of Property. To the best of Seller's knowledge,the Property is usable for its current uses without <br /> violating any federal, state, local or other governumental building, zoning, health, traffic, environmental, flood <br /> control,fire, safety,platting,subdivision or other law,ordinance or regulation, or any applicable private restriction, <br /> and,to the best of Seller's knowledge,such use is a legal conforming use. <br /> 10.19 Agents and Employees. No management agents or other personnel employed in connection with the <br /> operation of the Property have the right to continue such employment after the Closing Date.There are no collective <br /> bargaining agreements or other contracts of employment fixing the wages,hours or conditions of employment of <br /> those persons and no work stoppage exists. Except as may be otherwise agreed to in accordance with Section 8,and <br /> except as provided in Section 16,there are no claims for brokerage commissions or other payments with respect to <br /> the Property,including Leases,which will survive and remain unpaid after the Closing Date, <br /> 10.20 Condition. Seller has no actual knowledge of any material defect in the buildings, structures, <br /> and improvements included within the Property, with regard to the structure or any mechanical, electrical, <br /> heating,air conditioning,drainage,sewer,water,or plumbing systems. <br /> Page 19 of 38 <br />