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49461726v5 <br /> <br />6 <br />222417v6 <br /> <br />(f) Seller is not a foreign person; as such term is defined in Section 1445(f) (3) of the <br />Internal Revenue Code of 1986, as amended, and shall deliver an affidavit to that effect at closing, <br />which shall be in form and substance reasonably acceptable to Purchaser. <br /> <br /> (g) To the best of Seller’s knowledge: <br /> <br /> (1) no Hazardous Substance (as defined below) has been generated, treated, <br />stored, released, or disposed of, or otherwise placed, deposited in, or located <br />on the Property or has migrated onto the Property from nearby or adjacent <br />real property; or <br /> <br /> (2) no entity or person has, at any time taken any action in "response" to a <br />"release" in connection with the Property or adjacent tracts; or <br /> <br /> (3) no entity or person has, at any time otherwise engaged in any activity or <br />omitted to take any action which could subject Seller or Purchaser to claims <br />for intentional or negligent torts, strict or absolute liability, either pursuant <br />to statute or common law, in connection with Hazardous Substances (as <br />defined below) located in or on the Property or adjacent tracts, including the <br />generating, transporting, treating, storage, or manufacture of any Hazardous <br />Substance (as defined below) in violation of applicable law. The terms set <br />within quotation marks above means any substance, whether waste, liquid, <br />gaseous or solid matter that is or is deemed to be hazardous, hazardous <br />waste, toxic, pollutant, a deleterious substance, a contaminant or a source <br />of pollution or contamination under any applicable environmental law, <br />including the Comprehensive Environmental Response and Liability Act, <br />42 U.S.C. Sec. 9601 et seq., as amended ("CERCLA") and any state <br />environmental laws. <br /> <br /> (h) To Seller’s knowledge, the conveyance of the Property pursuant hereto will not <br />violate any currently existing applicable statute, ordinance, governmental restriction or regulation, <br />or any private restriction or agreement to which Seller is a party. <br /> <br /> (i) To the best of Seller’s knowledge, there are no above ground or underground <br />storage tanks or wells on the Property, it being understood that the representation as to wells shall <br />be recited in the Deed to be delivered by Seller at Closing. <br /> <br /> (j) To the best of Seller’s knowledge, Seller represents that methamphetamine <br />production has not occurred on the Property. <br /> <br /> (k) Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, Seller <br />certifies that, to the best of Seller’s knowledge, there is no “individual sewage treatment system” <br />(within the meaning of that statute) on or serving the Property. <br /> <br /> (l) Sellers represent to the best of Seller’s knowledge that the property does not have <br />any American Indian burial grounds, other human burial grounds, ceremonial earthworks,