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(e) Rights of Others to Purchase Property. Seller has not entered into any other contracts for sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (f) Seller's Defaults. Seller is not in default concerning any of its obligations or liabilities regarding the Property. (g) FIRPTA. Seller is not a "foreign person ", foreign partnership ", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. (h) Proceedings. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Seller or any portion of the Property. (i) Agents and Employees. No management agents or other personnel employed in connection with the operation of the Property have the right to continue such employment after the Closing Date. There are no claims for brokerage commission or other payments with respect to the existing Property, including leases which will survive and remain unpaid after the Date of Closing. (j) Wells. The Seller certifies and warrants that the Seller does not know of any "Wells" on the described Property within the meaning of Minnesota Statutes. This representation is intended to satisfy the requirements of that statute. (k) Storage Tanks. No above ground or underground tanks, are located in or about the Property, or have been located under, in or about the Property and have subsequently been removed or filled. To the extent storage tanks have been duly registered with all appropriate regulatory and governmental bodies and otherwise are in compliance with applicable Federal, state and locate statutes, regulations, ordinances and other regulatory requirements. - 1 6 -