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<br />(1) Terminate this Agreement; or <br /> <br />(2) Waive the Objections and proceed to close. <br /> <br />5. Representations and Warranties by Seller. Seller represents and warrants to Buyer as <br />follows: <br /> <br />a. Authority. Seller has the requisite power and authority to enter into and perform <br />this Agreement. <br /> <br />b. Title to Property. Seller owns the Property free and clear of all encumbrances <br />except the Permitted Encumbrances. <br /> <br />c. Rights of Others to Purchase Property. Seller has not entered into any other <br />contracts for the sale of the Property. <br /> <br />d. FIRPTA. Seller is not a “foreign person,” “foreign partnership,” “foreign trust” <br />or “foreign state” as those terms are defined in § 1445 of the Internal Revenue <br />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 threatened <br />against the Property. <br /> <br />f. Wells and Septic Systems. Seller represents that they are aware of a well or <br />septic system on the Property. Seller will provide proper well and septic <br />disclosures to Buyer. <br /> <br />g. Methamphetamine Production. Pursuant to Minnesota Statutes section <br />152.0275, Seller certifies to Buyer that she is not aware of any methamphetamine <br />production that has occurred on the Property. <br /> <br />h. Hazardous Substance. To Seller’s actual knowledge, no Hazardous Substance is <br />located on the Property. Seller has received no notice from any governmental <br />entity or private party that any Hazardous Substance is currently located on the <br />Property in violation with any environmental law. Seller has no actual knowledge <br />of the use, storage or release of any Hazardous Substance on the Property. <br /> <br />“Hazardous Substance” means any substance or material defined in or governed <br />by any Environmental Regulation as a dangerous, toxic or hazardous pollutant, <br />contaminant, chemical, waste, material or substance, and also expressly includes <br />lead-based paint, urea-formaldehyde, polychlorinated biphenyls, dioxin, radon, <br />asbestos, asbestos containing materials, nuclear fuel or waste, radioactive <br />materials, explosives, carcinogens and petroleum products, including but not <br />limited to crude oil or any fraction thereof, natural gas, natural gas liquids,