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O'Reilly Automotive, Inc. has not prepaid rent due under Section 4 of the Lease or prepaid any <br />amounts due under Section 5 of the Lease. <br />5. O'Reilly Automotive, Inc. states that it is not delinquent in the payment of any <br />amounts it is obligated to pay pursuant to Section 6 of the Lease. <br />6. O'Reilly Automotive, Inc. states that, to the best of its actual acknowledge, <br />Landlord is not currently in default in the performance of any of Landlord's obligations under the <br />Lease. <br />7. O'Reilly Automotive, Inc. states that there are no improvements or fixtures, other <br />than Tenant trade fixtures, currently located on the Leased Premises which O'Reilly Automotive, <br />Inc. has a right to remove pursuant to the terms of the Lease. <br />8. O'Reilly Automotive, Inc. states that no labor or materials have been provided to <br />the Leased Premises at the request of O'Reilly Automotive, Inc. for which full payment has not <br />been made. <br />9. O'Reilly Automotive, Inc. acknowledges and agrees that the renewal option set <br />forth in Section 21 of the Lease has expired and is no further force and effect. <br />10. The individual executing this Certificate on behalf of O'Reilly Automotive <br />represents to the Housing and Redevelopment Authority of the City of Elk River that he or she <br />has all legal and corporate authority necessary to execute this Certificate on behalf of O'Reilly <br />Automotive, Inc. <br />O'REILLY AUTOMOTIVE, INC <br />By: <br />Its: <br />1941727v7 I~-2 <br />