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<br />Property Exchange Agreement - 8
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<br /> 1. No actions, suits, proceedings, orders, inquiries, or investigations are
<br />pending or are threatened against, involving, or affecting the Exchange Property, at law
<br />or in equity, or before or by any federal, state, municipal, or other governmental
<br />department, court, commission, board, bureau, agency, or instrumentality, alleging the
<br />violation of any federal, state, or local law, statute, ordinance, rule, regulation, decree,
<br />order, or permit relating to Environmental Matters or the release of any Hazardous
<br />Substances.
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<br /> 2. No actions, suits, or proceedings are pending, threatened, or asserted
<br />against the Exchange Property or against Transferor in connection with the Exchange
<br />Property or this Agreement, before or by any federal, state, municipal, or other
<br />governmental department, court, commission, board, bureau, agency, or instrumentality.
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<br /> 3. No pending or threatened condemnation actions exist with respect to the
<br />Exchange Property.
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<br /> 4. Transferor has not received any notice that any ordinance, regulation, law,
<br />or statute of any governmental agency pertaining to the Exchange Property or this
<br />Agreement has been violated.
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<br /> 5. (a) No Hazardous Substances are, will be, or have been, stored, treated,
<br />disposed of, or incorporated into, on, or around the Exchange Property in violation of any
<br />applicable statutes, ordinances or regulations; (b) the Exchange Property is in material
<br />compliance with all applicable environmental, health, and safety requirements; (c) any
<br />business heretofore operated on the Exchange Property has disposed of its waste in
<br />accordance with all applicable statutes, ordinances, and regulations; and (d) there are no
<br />pending or threatened actions or proceedings arising out of the condition of the Exchange
<br />Property or any alleged violation of environmental, health, or safety statutes, ordinances,
<br />or regulations.
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<br />6. Except as set forth in Section 4(A) above and any authorization or
<br />ratification of any governing board, council, or commission of a Party as may be
<br />necessary to consummate Closing as well as any approval as to form by the Washington
<br />Attorney General’s Office required to fully execute this Agreement and any amendments
<br />thereto, no permission, approval, or consent by third parties or governmental authorities
<br />is required to consummate this transaction.
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<br />7. Except as set forth herein, there are no unrecorded leases (whether written
<br />or oral, of any nature or duration), easements, encumbrances, or other agreements affecting
<br />the Exchange Property except as shown on the Owner’s Policy, if applicable, or in the
<br />Kittitas County public records.
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