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c � e <br />Seller shall provide Buyer with reasonable access to the Real Estate and shall permit <br />Buyer to make soil borings, and perform other tests to determine the suitability of the project for <br />its intended purpose. Buyer shall have until February 1, 2006, in order to remove the <br />contingencies set forth above. If Buyer has not notified Seller in writing by February 1, 2006 <br />that it desires to have its obligation to perform hereunder excused by reason of such <br />contingencies, Buyer shall be deemed to have waived the contingencies. <br />5. EASEMENT. Seller shall provide Buyer with an easement for storm water <br />retention purposes in the triangular area east of the vacated road but westerly of the panhandle of <br />the property owned by Seller. Seller shall pay all costs of engineering and construction of such <br />facilities as are necessary to utilize the easement area for storm water retention. <br />6. REPRESENTATION AND WARRANTIES OF SELLER. Seller hereby <br />makes the following representations and warranties to Buyer which representations and <br />warranties shall survive closing: <br />a. Title to Real Estate. Seller will own the Real Estate as of the closing free and <br />clear of all encumbrances except easements of record. <br />b. Leases. The Real Estate is presently subject to a leasehold interest in favor of <br />Naegele, Inc. <br />c. Assessments. Seller has received no notice of actual or threatened special <br />assessments or reassessments of the Real Estate. <br />d. Rights of Others to Purchase Real Estate. Seller has not entered into any other <br />contracts other than this Agreement for the sale of the Real Estate and there are no <br />rights of first refusal or options to purchase the Real Estate or any other rights of <br />others that might prevent the consummation of the transaction contemplated by <br />this Agreement. <br />e. Proceedings. There is no action, litigation, investigation, condemnation or <br />proceedings of any kind pending or to the best of Seller's knowledge, threatened <br />against Seller for any portion of the Real Estate. <br />f. Wells. To the best of Seller's knowledge, there are no wells located on the Real <br />Estate that have not either been removed or sealed. <br />g. <br />Hazardous Substances. To the best of Seller's knowledge, no hazardous <br />substances are located on the Real Estate. Seller has received no notice from any <br />governmental entity or any private party that any hazardous substances are <br />currently located on the Real Estate in violation of any environmental law. Seller <br />has no actual knowledge of the use, storage or release of any hazardous <br />substances on the Real Estate. Seller has not released any hazardous substances <br />on the Real Estate. To the best of Seller's knowledge, there are no underground <br />