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(in) Methamphetarnine Production. To the best of the Sellers' knowledge,
<br />methamphetamine production has not occurred on the Property.
<br />(n) Refuse and Hazardous Materials. The Sellers have not performed and has no
<br />actual knowledge of any excavation, dumping or burial of any refuse materials or debris of any
<br />nature whatsoever on the Property. To the Sellers' best actual knowledge and belief, there are no
<br />"Hazardous Materials" (as hereinafter defined) on the Property that would subject the Buyer to
<br />any liability under either federal or state laws, including, but not limited to, the disposal of any
<br />foreign objects or materials upon or in the Property, lawful or otherwise. Without limiting the
<br />generality of the foregoing, the Sellers represent and warrant to the Buyer that, to the Sellers'
<br />best actual knowledge and belief:
<br />I The Property is not now and has never been used to generate, manufacture, refine,
<br />transport, treat, store, handle, dispose, transfer, produce, process or in any manner
<br />deal with Hazardous Materials;
<br />2. No Hazardous Materials have ever been installed, placed, or in any manner
<br />handled or dealt with on the Property;
<br />3. There are no underground or aboveground storage tanks on the Property;
<br />4. Neither the Sellers nor any prior owner of the Property or any tenant, subtenant,
<br />occupant, prior tenant, prior subtenant, prior occupant or person (collectively,
<br />"Occupant") has received any notice or advice from any governmental agency or
<br />any other Occupant with regard to Hazardous Materials on, from or affecting the
<br />Property.
<br />The term "Hazardous Materials" as used herein includes, without limitation, gasoline,
<br />petroleum products, explosives, radioactive materials, hazardous materials, hazardous wastes,
<br />hazardous or toxic substances, polychlorinated biphenyls or related or similar materials, asbestos
<br />or any material containing asbestos, or any other substance or material. as may be defined as, a
<br />hazardous or toxic substance by any federal, state or local environmental law, ordinance, rule, or
<br />regulation including, without limitation, the Comprehensive Environmental Response,
<br />Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the
<br />Hazardous Materials Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the
<br />Resource Conservation and Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the
<br />Clean Air Act, as amended (42 U.S.C. Section 7401, et seq.) and in the regulations adopted and
<br />publications promulgated pursuant thereto.
<br />The Sellers' representations and warranties set forth in this Section shall be continuing and are
<br />deemed to be material to the Buyer's execution of this Purchase Agreement and the Buyer's
<br />performance of its obligations hereunder. All such representations and -warranties shall be true
<br />and correct on and as of the Closing Date with the same force and effect as if made at that time;
<br />and all of such representations and warranties shall survive the closing and any cancellation or
<br />termination of this Purchase Agreement, and shall not be affected by any investigation,
<br />verification or approval by any party hereto or by anyone on behalf of any party hereto. The
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<br />503326v3 JSB ELI 85-52
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