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07/11/2007 17:41 FAX 952 896 3250 <br />LARKIN HOFFMAN DALY 11011/018 <br />(g) FIRPTA. Seller is not a "foreign person ", foreign <br />partnership ", "foreign trust" or "foreign estate" as <br />those terms are defined in Section 1445 of the Internal <br />Revenue Code. <br />(h) P_roceedings,.,., There is currently pending litigation, <br />Ramsey County Court File No. C1••07 -998, between Seller <br />and Buyer relative to the Property. Seller and Buyer <br />will execute a Settlement Agreement and Release <br />relative to all such pending and potential future <br />litigation relating to the Property, including all <br />code - violation citations brought by the Buyer against <br />either Vahid sedaghat or Lori, Peterson currently <br />pending in the Ramsey County Criminal Court (including <br />but not limited to Court File Nos. T2-07- 605676, T6 -07- <br />605373, T4 -07- 605677, T4- 07- 605372, T2- 07- 605371, T3° <br />07- 601636, T5- 06- 612983, T7 -06- 606182, T4- 07- 600446, <br />T3- 07- 600244, T1- 06- 606176, and T5- 06- 613650) on or <br />before the closing of the transaction set forth herein. <br />To Seller's knowledge, there is no other action, <br />litigation, investigation, condemnation or proceeding <br />Of. any kind pending or threatened against Seller or any <br />portion of the Property. <br />Agents and Enp1oyees. No management agents or other <br />personnel employed in connection with the operation of <br />the Property have the right to continue such employment <br />after the Closing Date. There are no claims for <br />brokerage commission or other payments with respect to <br />the existing Property, including leases which will <br />survive and remain unpaid after the Closing Date. <br />(j) Wells. The Seller certifies and warrants that the <br />Seller does not know,of any "Wells" on the described <br />Property within the meaning of Minnesota Statutes. <br />This representation is intended to satisfy the <br />requirements of that statute. <br />(k) Storage Tanks. Except as identified in the <br />Environmental Reports, no above ground or underground <br />tanks, are located in or about the Property, or have <br />been located under, in or about the Property and have <br />subsequently been removed or filled. <br />9. Intentionally Deleted. <br />10. 1031. Exchange. Seller hereby notifies Buyer of <br />Seller's intent to use the Property as part O2 an exchange <br />i0 <br />