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u;; 00 LV:0! r:+.i 001 <t0 0V a <br />LVLLLL lV J1/1L1R 1/4, VY /V1L <br />9. Real Estate Tax Proration. Seller shall pay all delinquent real estate taxes, including <br />penalties and interest. Real estate taxes payable in 2000 shall be paid prorated as of the date of <br />closing on a daily basis based upon the calendar year, Real estate taxes payable in 2001 shall be the <br />obligation of the Purchaser. <br />10. Hazardous Substances. <br />a. Seller's Representations. Seller represents the following: <br />(1) To the best of Seller's knowledge, the Property does not presently contain <br />and is free from all hazardous substances and/or wastes, toxic and nontoxic <br />pollutants and contaminants, including but not limited to petroleum products <br />and asbestos ( "Hazardous Substances "). <br />(2) To the best of Seller's knowledge, the Property has not in the past been used <br />for the storage, manufacture or sale of Hazardous Substances or for any <br />activity involving Hazardous Substances, except in accordancewith applicable <br />laws, rules and regulations. <br />(3) To the best of Seller's knowledge and except as disclosed in the Assessment, <br />no Hazardous Substances are located in the vicinity of the Property. <br />(4) Seller shall not store, manufacture, use or sell any Hazardous Substances on <br />or in the Property prior to closing, except in accordance with applicable laws. <br />rules, and regulations. <br />(5) <br />To the best of Seller's knowledge, Seller has not transported, or caused to be <br />transported, any Hazardous Substances to or from the Property, except in <br />accordance with applicable laws, rules and regulations. <br />(6) Seller has not received and is not aware of any notification from any federal, <br />state, county or city agency or authority relating to Hazardous Substances on <br />or in the Property. <br />(7) Seller is not aware of any underground or above ground storage tanks that <br />have ever been or are located under or on 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 city, <br />state or other governmental agency or authority. <br />fP: t741KOHW393HI.o7.27.00) <br />3 <br />Page 32 <br />