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10. I-Iazardous Substances. <br />a. Seller's Representations, Warranties and Covenants. Seller represents, warrants <br />and covenants 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 <br />nontoxic pollutants and contaminants, including but not limited to <br />petroleum products and asbestos ( "Hazardous Substances "), except as <br />disclosed below in 10(b). <br />(2) 'I'o the best of Seller's knowledge, The Property has not in the past been <br />used for the storage, manufacture or sale of Hazardous Substances or for <br />any activity involving Hazardous Substances, except in accordance with <br />applicable laws, rules and regulations, except as disclosed below in 10(b). <br />(3) To the best of Seller's knowledge No Hazardous Substances are located in <br />the vicinity of the 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 />(7) Seller removed underground petroleum storage tanks from the property. <br />A closure letter from the Minnesota Pollution Control Agency is attached <br />as Exhibit C. Seller is not aware of any tanks or contamination on the <br />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. <br />b. There are no unrecorded interests in or rights to possession of the Property. <br />Page 4 of 9 <br />11 Uoel1.ACorrespondence\Joel 2012 \10onovan Construction Purchase Agreement - Attorney Reviewed - 12.12.12. doe <br />5 <br />