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the party with any third person.
<br />6) Structures. The Seller warrants that the buildings, if any, are entirely within the
<br />boundary lines of the Property. The parties acknowledge that the Property is being sold in "as
<br />is" condition relating to the structural, operational, and mechanical systems.
<br />(k) Foreign Status. The Seller is not "foreign person" as such term is defined in the
<br />Internal Revenue Code.
<br />(1) Methamphetamine Production. To the best of the Seller's knowledge,
<br />methamphetamine production has not occurred on the Property.
<br />(in) Refuse and Hazardous Materials. The Seller has 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 Seller's 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 Seller represents and warrants to, the Buyer that, to the Seller's
<br />best actual knowledge and belief:
<br />1. 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 Seller 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 />5050450 SJS ELI 85-13
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