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7.1. SR 06-19-2006
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7.1. SR 06-19-2006
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1/21/2008 8:36:13 AM
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<br />under the Property; (v) there are no locations off the Property where <br />Hazardous Materials generated by or on the Property have been treated, <br />stored, deposited or disposed of; (vi) the sale of the Property by Seller to <br />Buyer does not require notice to or the prior approval, consent or <br />permission of any federal, state or local governmental agency, body, board <br />or official; and (vii) no notices of any violation of any of the matters <br />referred to in the foregoing subparagraphs relating to the Property or its <br />use have been received by Seller and there are no writs, injunctions, <br />decrees, orders or judgments outstanding, no lawsuits, claims, proceedings <br />or investigations pending or threatened, relating to the ownership, use, <br />maintenance or operation of the Property, nor is there any basis for any <br />such lawsuit, claim, proceeding or investigation being instituted or filed. <br />Buyer acknowledges that Seller or related entities, agents or designees and <br />previous land owners may have been in the mining business and that the <br />Property may have been used by Seller or related entities, agents or <br />designees for mining activities. <br /> <br />5.1.5. To the best of Seller's knowledge, there are no others wells on the <br />Property other than one (1) monitoring well. Buyer agrees to allow the <br />Seller's continued use and access to said well at no cost to Seller. The <br />Parties agree to execute a separate agreement to this effect concurrently <br />with the execution of this Purchase Agreement. <br /> <br />5.1.6. There is no demand, proceeding, claim, suit, litigation, or other action <br />pending or, to Seller's knowledge, threatened against Seller in connection <br />with or related to the Property. <br /> <br />5.1.7. Seller is not a "foreign person" as that term is defined under Internal <br />Revenue Code S 1445(F)(3) and the sale of the Property is not subject to <br />any withholding requirements imposed by the Internal Revenue Code, <br />including, without limitation, S 1445(F)(3) <br /> <br />5.1.8. No action in condemnation is now pending or, to Seller's knowledge, <br />contemplated against the Property. <br /> <br />5.1.9. All labor and/or materials which have been furnished to the Property by or <br />on behalf of Seller have been fully paid for or will be fully paid for prior <br />to the Closing Date so that no lien for such labor or materials rendered can <br />be asserted against the Property. <br /> <br />5.1.10. There is no "individual sewage treatment system" within the meaning of <br />Minn. Stat. S 115.55 on or serving the Property. No sewage is generated <br />at the Property. <br /> <br />5.1.11. Seller shall give Buyer prompt written notice of any matter coming to the <br />attention of Seller which, to Seller's knowledge, would affect or change <br /> <br />Page 8 <br />Version Date: 6/15/06 <br />C:\Documents and Settings\tal1ardlLoca1 Settings\Temporary Internet Files\OLKFlAgreement attach to 72.DOC <br />
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