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<br />
<br />Structures.
<br />(jh) TheTo the best of the Seller’s knowledge, the Seller warrants that the
<br />buildings, if any, are entirely within the boundary lines of the Property. The parties acknowledge
<br />that the Property is being sold in “as is” condition relating to the structural, operational, and
<br />mechanical systemsin all aspects.
<br />
<br /> Foreign Status.
<br />(ki) The Seller is not “foreign person” as such term is defined in the
<br />Internal Revenue Code.
<br />
<br />Methamphetamine Production
<br />(lj) . To the best of the Seller’s knowledge,
<br />methamphetamine production has not occurred on the Property.
<br />Refuse and Hazardous Materials
<br /> (mk) . The Seller has not performed and has no actual
<br />knowledge of any excavation, dumping or burial of any refuse materials or debris of any nature
<br />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 any
<br />liability under either federal or state laws, including, but not limited to, the disposal of any foreign
<br />objects or materials upon or in the Property, lawful or otherwise. Without limiting the generality of
<br />the foregoing, the Seller represents and warrants to the Buyer that, to the Seller’s best actual
<br />
<br />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 />
<br />deal with Hazardous Materials;
<br />2. No Hazardous Materials have ever been installed, placed, or in any manner handled
<br />
<br />or dealt with on the Property;
<br />
<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 />
<br />Property.
<br />“Hazardous Materials”
<br />The term as used herein includes, without limitation, gasoline, petroleum
<br />products, explosives, radioactive materials, hazardous materials, hazardous wastes, hazardous or
<br />toxic substances, polychlorinated biphenyls or related or similar materials, asbestos or any
<br />material containing asbestos, or any other substance or material as may be defined as a hazardous
<br />or toxic substance by any federal, state or local environmental law, ordinance, rule, or regulation
<br />including, without limitation, the Comprehensive Environmental Response, Compensation, and
<br />Liability Act of 1980, as amended (42 U.S.C. Section 9601, et seq.), the Hazardous Materials
<br />Transportation Act, as amended (42 U.S.C. Section 1801, et seq.), the Resource Conservation and
<br />Recovery Act, as amended (42 U.S. C. Section 1251, et seq.), the Clean Air Act, as amended (42
<br />U.S.C. Section 7401, et seq.) and in the regulations adopted and publications promulgated
<br />
<br />pursuant thereto.
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<br />505045v34 SJS EL185-13
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