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5 <br /> <br />a. Authority. Seller has the requisite power and authority to enter into and <br />perform this Agreement. <br /> <br />b. Title to Property. Seller owns the Property free and clear of all <br />encumbrances except the Permitted Encumbrances. <br /> <br />c. Rights of Others to Purchase Property. Seller has not entered into any <br />other Agreements for the sale of the Property. <br /> <br />d. FIRPTA. Seller is not a “foreign person,” “foreign partnership,” “foreign <br />trust” or “foreign state” as those terms are defined in § 1445 of the Internal <br />Revenue Code. <br /> <br />e. Proceedings. To the best knowledge of Seller, there is no action, litigation, <br />investigation, condemnation or proceeding of any kind pending or <br />threatened against the Property. <br /> <br />f. Wells and Septic Systems. Seller represents that it is not aware of any <br />well or septic system on the Property. <br /> <br />g. Methamphetamine Production. Pursuant to Minnesota Statutes section <br />152.0275, Seller certifies to Buyer that it is not aware of any <br />methamphetamine production that has occurred on the Property. <br /> <br />h. Hazardous Substance. To Seller’s actual knowledge, no Hazardous <br />Substance is located on the Property. Seller has received no notice from <br />any governmental entity or private party that any Hazardous Substance is <br />currently located on the Property in violation with any environmental law. <br />Seller has no actual knowledge of the use, storage or release of any <br />Hazardous Substance on the Property. <br /> <br />“Hazardous Substance” means any substance or material defined in or <br />governed by any Environmental Regulation as a dangerous, toxic or <br />hazardous pollutant, contaminant, chemical, waste, material or substance, <br />and also expressly includes lead-based paint, urea-formaldehyde, <br />polychlorinated biphenyls, dioxin, radon, asbestos, asbestos containing <br />materials, nuclear fuel or waste, radioactive materials, explosives, <br />carcinogens and petroleum products, including but not limited to crude oil <br />or any fraction thereof, natural gas, natural gas liquids, gasoline and <br />synthetic gas, or any other waste, material, substance, pollutant or <br />contaminant which would subject the owner or operation of the Property to <br />any damages, penalties or liabilities under any applicable Environmental <br />Regulation;