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<br />With Copies to: <br /> <br />L.A. Beisner <br />P.O. Box 1234 <br />Maple Grove, MN 55311 <br /> <br />. <br /> <br />ARTICLE 12 -REPRFSENTAnONS AND WARRANTIES OF SRT .T .~ANDBUYERS <br /> <br />SELLERS' WARRANTIES. Sellers represent and warrant to Buyer as follows: <br /> <br />A. Neither the execution nor delivery of this Contract by Seller nor its perfonnance by <br />Sellers will conflict with or result in a violation or breach of any law, regulation, <br />order, writ, or injunction of any court or governmental agency applicable to Sellers <br />or to the Real Estate, or of any term, condition or any indenture or other contract of <br />agreement to which Sellers are a party, or cause a default thereunder, or result in the <br />creation or imposition of any lien, charge or encumbrance of any nature whatsoever <br />on the Real Estate pursuant to the terms of any such agreement. <br /> <br />B. Sellers will convey fee title to the Rea~ Estate free and clear of any and all liens, deed <br />of trust, land trusts, mortgage, pledges, security interests, leases, charges, <br />encumbrances, easements, joint ownerships, or restrictions of any kind except as <br />. may be permitted by this Contract, or those expressly approved in writing by Buyer <br />after examination of title to the Real Estate in the manner described in Article 5 of <br />this Contract. <br /> <br />. <br /> <br />C. Neither Sellers nor any agent or employee of Sellers has knowledge of or have <br />received notice of any suits, judgments or violations relating to or at the Real Estate <br />of any zoning, building, fire, health, pollution, environmental protection regulation <br />which has not been heretofore corrected. <br /> <br />D. Sellers have not used, generated, stored or disposed of above, in, on, under or around <br />the Real Estate any Hazardous Materials, as hereinafter defined, and has no <br />knowledge, of any Hazardous Materials above, in, on, under or around the Real <br />Estate. The term "Hazardous Materials" means any material or substance which is <br />listed in the United States Department of Transportation Hazardous Materials Table <br />(49 CPR 172.101) on the date of this Contract which is kept, used, or disposed of in <br />a manner and in quantities which do not comply with applicable laws and regulations <br />pertaining to said materials or substance. Further, Sellers agree that it will not use, <br />generate, store or dispose of or permit the use, generation, storage or disposal of any <br />Hazardous Materials, as hereinabove described, above, in, on, under and/or around <br />the Real Estate now or at any time prior to Closing Date. <br /> <br />BUYER'S WARRANTIES. Buyer represents and warrants to Sellers as follows: <br /> <br />. <br /> <br />A. The execution and delivery of this Contract by Buyer and the consummation by the <br />Buyer of the transaction contemplated hereby are within the Buyer's powers and all <br />requisite action has been taken to make this Contract valid and binding upon the <br />Buyer in accordance with its terms. <br /> <br />6 <br />