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3 <br />LA515\146\976162.v3 <br />Internal Revenue Service; <br /> <br />d. A well disclosure certificate; <br /> <br />e. A Methamphetamine Disclosure Certificate, if required; <br /> <br />f. Copies of any written lease or similar agreements affecting the Sale <br />Parcel, if any, and details of any oral lease agreements affecting the <br />Sale Parcel, if any, and evidence of the termination of any such <br />leases or agreements; and <br /> <br />g. Any other documents reasonably required by the Title Company or <br />Buyer’s attorney to evidence that title to the Sale Parcel is <br />marketable and that the Seller has complied with the terms of this <br />Agreement. <br /> <br />5. REPRESENTATIONS AND WARRANTIES BY SELLER. Seller represents and warrants <br />to Buyer that: <br /> <br />A. To the best of Seller’s knowledge, there is no action, litigation, investigation, <br />condemnation or proceeding of any kind pending against Seller or the Sale Parcel <br />which could adversely affect the Sale Parcel, any portion thereof or title thereto. <br />Seller shall give Buyer prompt written notice if any such action, litigation, <br />condemnation or proceeding is threatened or commenced prior to the Closing Date. <br /> <br />B. To the best of Seller’s knowledge, the Sale Parcel has not been used for the <br />generation, transportation, storage, treatment, or disposal of any hazardous waste, <br />hazardous substance, pollutant, or contaminant, including petroleum, as defined <br />under federal, state or local law and no notice have been received from any federal, <br />state, local, or other governmental agency (or a compliance letter). <br /> <br />C. To the best of Seller’s knowledge, there are no underground storage tanks located <br />on the Sale Parcel. <br /> <br />D. To the best of Seller’s knowledge, there has been no dumping or deposit of <br />construction or other debris on the Sale Parcel. <br /> <br />E. Seller is unaware of any utilities serving the Sale Parcel that would need to be paid <br />at closing. <br /> <br />F. Seller is the fee owner of the Sale Parcel and no consents or approvals from any <br />third parties are required for Seller’s consummation of this transaction. <br /> <br />G. There are no tenants or third parties in possession of the Sale Parcel. <br /> <br />H. To the best of Seller’s knowledge, there are no individual sewage treatment systems