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(3) To the best of Seller's knowledge and except as disclosed in the <br />Assessment, No Hazardous Substances are located in the vicinity of the <br />Property. <br />(4) Seller shall not store, manufacture, use or sell any Hazardous Substances <br />on or in the Property prior to closing, except in accordance with applicable <br />laws, rules, and regulations. <br />(5) To the best of Seller's knowledge, Seller has not transported, or caused to <br />be transported, any Hazardous Substances to or from the Property, except <br />in accordance with applicable laws, rules and regulations. <br />(6) Seller has not received and is not aware of any notification from any <br />federal, state, county or city agency or authority relating to Hazardous <br />Substances on or in the Property. <br />11. Seller's Warranties. Seller covenants and makes the following warranties to <br />Purchaser: <br />a. That Seller has received no notice of violations relating to the Property from any <br />city, state or other governmental agency or authority, other than the City of Little <br />Canada. <br />b. There are no unrecorded interests in or rights to possession of the Property except <br />the rights of tenants in possession as tenants only, and except as disclosed in <br />subparagraph K. below. <br />c. There is a right of access to the real property from a public right -of -way. <br />d. There has been no labor or material furnished to the property for which payment <br />has not been made. <br />e. There are no present violations of any restrictions relating to the use or <br />improvement of the property. <br />f. That all leases, service, supply, management or commission agreements and any <br />agreements with tenants or third parties regarding the Property, including a <br />written summary of any such oral agreements, has been or will be provided to <br />Purchaser within five (5) days after full execution of this Purchase Agreement. If <br />any such agreements exist, Seller warrants that it will take all steps necessary to <br />terminate any such agreement on or before the date of closing, except as disclosed <br />in subparagraph K. herein. <br />Page 4ofl0 <br />FI: \locI(t \CorrespondenceUoel 2004 \County Road B Purchase Agreement - Gortlie Howe - 11.19.04.doc <br />